Massachusetts Legal Developments Blog

Responding to Charges of Criminal Trespass


A Massachusetts law enforcement officer was recently stripped of his gun and placed on restricted duty after the office was arrested at an Iron Maiden concert at the Xfinity Center for trespassing.  

The arrest occurred after a parking attendant informed Mansfield law enforcement that an argument was developing between two parties in the parking lot of the concert. Law enforcement later observed the officer having an argument with a woman. According to law enforcement, the man initially ignored instructions and refused to present identification. Instead, the man continued yelling at the woman. 

Trespassing might seem like a minor criminal offense, but it can result in some undesirable consequences that last for years to come. For example, details regarding a criminal conviction will appear on a person’s criminal history, which can lead to a number of challenges in pursuing a career, housing, or an education. 

Fortunately, an experienced criminal defense attorney can help you create a strong legal strategy to defend against these charges. 

Penalties Associated with Trespassing

There are several penalties that a person in Massachusetts can receive as a result of a trespassing conviction. For example, a person convicted of trespass can face a maximum of 30 days in jail and/or a fine of up to $100. 

While these penalties might not seem as serious as other criminal offenses, they will still result in a person being viewed as having a criminal record. Fortunately, there are a number of defenses that can be raised in response to these charges.

Trespassing Defense Strategies

There are a number of defense strategies we can use to successfully beat trespassing charges. There is almost always more to the story then a person accidentally and without permission wandering onto public or private property. 

Instead, most people in Massachusetts are not charged with criminal trespass unless they trespass in a deliberate manner. One common defense is arguing that prosecution has failed to satisfy all of the elements of a criminal offense. 

Massachusetts law states that trespass occurs when a person without right enters or remains in an area after having been forbidden to do so by the individual who has lawful control of the property. This means that if prosecution is able to establish that a person was permitted to enter an area, it will not be possible to justify a trespass conviction. 

If a person receives a criminal citation, a lawyer can review the details of the case and sometimes even dismiss the charges at a hearing. If a person has already been arrested or other charges are involved, this can make matters much more complicated. Even in these situations, however, it is often still possible to avoid a conviction. 

Speak with an Experienced Criminal Defense Attorney

Being charged with trespass might seem minor, but it can lead to a number of unanticipated and undesirable obstacles. If you need the assistance of an experienced criminal defense attorney, do not hesitate to contact attorney Edward R. Molari