How to Beat a Trespassing Charge in Maryland

Trespassing is a common but often defensible charge in Maryland. Many individuals find themselves accused of trespassing due to miscommunication, lack of signage, or an honest mistake. If you’ve been charged with trespassing, don’t assume a conviction is inevitable�you may have strong legal defenses.

What Is Trespassing in Maryland?

In Maryland, trespassing generally falls under Criminal Law Section 6-402, which prohibits entering or remaining on another person’s property without permission or after being warned to leave. There are several types of trespassing in Maryland, including:

Trespass on Posted Property - Entering land marked with “No Trespassing” signs.
Trespass on Private Property - Remaining on property after being asked to leave.
Trespass with Criminal Intent - Entering a building or property with intent to commit a crime.

A conviction can result in fines and possible jail time, depending on the severity of the charge.

Legal Defenses Against a Trespassing Charge

If you’re facing trespassing charges, your attorney may use one or more of the following defenses:

1. Lack of Intent

Maryland trespassing laws require intentional entry onto private property. If you entered unknowingly, you might argue that you didn’t intend to trespass. For example:

You mistakenly wandered onto private property while hiking.
You thought you had permission to be there.

Without intent, the prosecution may struggle to prove its case.

2. No Clear Notice or Warning

For a trespassing conviction, there must be proper notice that entry is not allowed. Defenses based on notice include:

No " No Trespassing" Signs - If there were no posted signs, you may not have known entry was prohibited.
No Verbal Warning - If no one explicitly told you to leave, the charge might not hold.

If notice wasn’t clear, you may have grounds for dismissal.

3. Consent Was Given

A key element of trespassing is that you entered without permission. If you had prior consent to be on the property, you were not trespassing. This defense applies when:

A property owner previously allowed you access.
A tenant, employee, or security officer gave you permission.

Even if the owner later changed their mind, you cannot be retroactively charged for entering with permission.

4. Mistaken Identity

If law enforcement did not witness the alleged trespassing firsthand, they might have charged the wrong person. Common mistaken identity defenses include:

A witness misidentified you as the trespasser.
You have an alibi proving you were elsewhere.
Surveillance footage does not match your description.

If the prosecution lacks solid evidence tying you to the scene, the charges may be dismissed.

5. Unlawful Arrest or Constitutional Violations

If police violated your rights during the investigation or arrest, your case might be dismissed. Examples of constitutional violations include:

Illegal search and seizure - If police entered private property without a warrant to arrest you.
No probable cause - If there was no clear reason for your arrest.
Failure to read Miranda rights - If you were interrogated without being informed of your rights.

Your attorney may file a motion to suppress evidence, weakening the prosecution’s case.

How a Criminal Defense Lawyer Can Help

Fighting a trespassing charge alone can be challenging. A skilled Maryland criminal defense lawyer can:

Investigate the circumstances of your arrest.
Challenge the prosecution’s evidence.
Negotiate with prosecutors for reduced or dropped charges.
Represent you in court to present the strongest possible defense.

If you or a loved one has been charged with trespassing, don’t wait�consult with an experienced attorney to discuss your legal options.

FAQs

Q: What are the penalties for trespassing in Maryland?

A: Trespassing is usually a misdemeanor and can result in fines up to $500 or up to 90 days in jail, depending on the charge.

Q: Can I be charged if I didn’t see a “No Trespassing” sign?

A: Possibly, but lack of notice is a strong defense. If the property was not clearly marked, your attorney may argue you had no way of knowing entry was prohibited.

Q: Can a trespassing charge be expunged in Maryland?

A: Yes, in many cases, trespassing convictions or dismissals can be expunged from your record after a waiting period.

Q: What should I do if I’m charged with trespassing?

A: Remain silent and contact a criminal defense lawyer immediately to protect your rights.

If you’re facing a trespassing charge in Maryland, FrizWoods Criminal Defense is here to help. Contact us today for a free consultation.

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