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Criminal Trespass Crimes in Maine
Hunting, snowmobiling, hiking, or just enjoying the great outdoors would be so much easier if you didn’t have to worry about trespassing on someone else’s property. And while the state of Maine loves it’s outdoors and wants to let people enjoy them as much as possible, it also realizes that some people need their privacy. Maine’s criminal trespass law, found at 17-A §402, tries to find the middle ground between these two interests.
What is criminal trespassing in Maine?
Trespassing is the act of going onto someone else’s property, despite knowing that you’re not allowed to do so. When it’s not a heightened charge of aggravated trespass, criminal trespass is a relatively minor offense, but is still surprisingly complex.
What are the penalties for trespassing in Maine?
The penalties for trespassing depend on where you were charged to have trespassed.
The most serious form of criminal trespassing, not including aggravated trespassing, is if you were charged with entering someone else’s house, or dwelling. If this is the case, the charge is for a Class D misdemeanor. The maximum fine that you could face would be $2,000, and the maximum jail time would be 364 days.
All other types of trespassing are Class E misdemeanors, which come with a maximum fine of $1,000, and a maximum prison sentence of 180 days. These types of criminal trespass include:
- Entering any structure that is locked or barred,
- Entering any place that is properly marked, or fenced, to keep trespassers out,
- Entering any place, or remaining there, despite a properly given warning to stay out or leave,
- Entering a cemetery at night, between half-an-hour after sunset and half-an-hour before sunrise, unless expressly allowed by law or posting.
Some of these ways of trespassing are fairly simple. Entering a house, or a locked or barred structure, is fairly straight forward, as is visiting a cemetery after hours. However, two of these ways of trespassing, #2 and #3, raise complicated legal issues.
How Can Property Be Properly Marked to Keep Trespassers Out?
One way that trespassing can get tough to understand is when it has to do with property that has “No Trespassing” postings around it. Here’s the law, regarding how it works:
“A person is guilty of criminal trespass if, knowing that that person is not licensed or privileged to do so, that person… Enters any place from which that person may lawfully be excluded and that is posted in accordance [this law] or in a manner reasonably likely to come to the attention of intruders or that is fenced or otherwise enclosed in a manner designed to exclude intruders.”
There are several important elements, here.
The first element is the requirement that you can “lawfully be excluded” from venturing onto the property. You can’t get charged if you’re in a public park, and walk past “No Trespassing” signs, put there by people who want to have a private picnic – they can’t lawfully exclude you from walking there.
However, if you can lawfully be excluded from the property, then the landowner has to post his or her intention to keep trespassers out, so people know that they can’t go on the property. There are lots of ways that the landowner can do this. You’ve probably seen examples of one of the most popular ways: Putting up “No Trespassing” signs. These have to be placed no less than 100 feet apart. A less popular way is to use purple paint lines. These have to be conspicuously placed, and also within 100 feet of each other to be effective.
Before you get out a yardstick to measure the distance between signs, though, know that property is successfully posted if it can be determined that the landowner’s intention to keep people off their land was “reasonably likely” to come to a visitor’s attention. If two purple paint stripes are 101 feet apart, but you saw one of them and you got charged for criminal trespass, and if it later comes out that you saw the sign, then it probably won’t matter that the stripes are too far apart.
Whether these postings for “No Trespassing” are “reasonably likely to come to your attention,” though, is a factually difficult thing to determine. Criminal defense attorneys like William T. Bly love it when these kinds of issues crop up. It gives them an opportunity to sow reasonable doubts into a jury’s mind about whether you knew that you were trespassing.
What is the right way to give trespassers a warning in Maine?
Criminal trespass in Maine is knowingly entering a dwelling place, locked structure. Further, criminal trespass includes when one enters any place from which that person may lawfully be excluded and that is posted. 17-A M.R.S.A. § 402.
Landowners can make it illegal to visit or stay on their property by personally letting you know. This can be in writing, or verbally, and can be done by either the landowner or by someone with the landowner’s agreement.
How can a criminal attorney help if I’m charged with trespassing?
One way that criminal defense attorneys defend against trespassing charges is to argue that you didn’t actually know you weren’t allowed to be on someone else’s property. “Knowing” something is a tricky thing for the prosecution team to prove, and they have to do it beyond a reasonable doubt in order to get a criminal conviction for criminal trespass. A good criminal defense attorney is aware of this difficulty, and will use it to great effect in defending someone charged with criminal trespass. If it can be shown that you were unaware of where you were, or made a mistake and ended up in someone’s property, or that postings or a warning to leave were not given, then your criminal charges for trespassing should not turn into a criminal conviction. And all that it takes to make this happen is to put a lingering doubt in the jury’s mind.
However, in addition to Maine’s criminal trespass laws, our state also has an additional trespassing law, called aggravated criminal trespass. This law recognizes that some acts of trespassing are relatively benign, and barely hurt anyone – like walking past a “No Trespassing” sign on a 140-acre farm and wandering around the cornfields – but that others can be considered more serious.
In Maine, aggravated criminal trespassing is when you:
- Enter someone’s “dwelling place,”
- Without permission or privilege,
- And either:
- Commit a crime from Chapter 9 or Chapter 11 of Maine’s criminal code, or
- Have two prior convictions for burglary or aggravated criminal trespass.
Let’s delve into each of these elements in detail.
Entering Someone’s “Dwelling Place”
This is the first requirement that can turn an act of normal trespassing into one of aggravated criminal trespassing. The reason is fairly clear: Walking uninvited into someone else’s house is viewed as a major violation of privacy, and is something that rarely happens on accident, so the state of Maine has decided that there should be higher penalties if it does happen.
Importantly, Maine’s aggravated criminal trespass law uses the word “dwelling place.” Elsewhere in Maine’s criminal code, a “dwelling place” is defined as:
“A structure that is adapted for overnight accommodation of persons, or sections of any structure similarly adapted. A dwelling place does not include garages or other structures, whether adjacent or attached to the dwelling place, that are used solely for the storage of property or structures formerly used as dwelling places that are uninhabitable. It is immaterial whether a person is actually present.”
This long, legal-sounding definition seems like a 63-word way of saying the word “house.” However, there are certain differences between this definition of “dwelling place” and “house” that can make the difference between facing a charge of aggravated or normal criminal trespass. For example, a building that has been condemned, or an attached garage.
Without Permission or Privilege
Permission and privilege are often subtly difficult ideas, especially in the eyes of the law. Examples of people that have a privilege to visit are firefighters or postal workers, when they’re on the job. The reasoning is simple: If either of these workers had to ask for permission to come onto your property every time they needed to visit, you wouldn’t get your mail, and your house will have burned down.
Permission is often much harder to determine. People rarely tell each other, “You are allowed to visit my dwelling place.” Instead, people often try to figure it out, depending on social clues and context. Unfortunately, people make mistakes, especially in these kinds of situations.
Penalties for Criminal Trespassing
Aggravated criminal trespassing is a Class C felony crime. This means that it comes with maximum penalties of five years in jail, and $5,000 in fines.
Building a Strong Defense Against Criminal Trespassing Charges
A criminal defense attorney has lots of ways to defend against a charge for aggravated criminal trespass. All of the elements that we discussed above are up to the prosecutor to prove in trial, to a jury, beyond a reasonable doubt. Regardless of what you may have heard from others in the criminal system, this is not a low standard for the prosecutor to reach. Solid criminal defense attorneys know how to prevent prosecutors from meeting that standard, through challenging the prosecutor’s facts and evidence, and by arguing that the prosecutor’s case does not satisfy what the law requires for a conviction.
When it comes to aggravated criminal trespass, examples of what a criminal defense attorney would argue would be that the trespass did not occur in someone’s “dwelling place,” or that no additional crime was committed that would turn the charge from trespassing to aggravated trespassing. Whether you had permission to be on the property is another example.
These are just a small sample of the specific ways that criminal defense attorneys would fight a charge for aggravated criminal trespassing. There are also all of the methods and techniques that defense lawyers use to defend people against all sorts of criminal charges. These include challenging and impeaching witnesses, using prior statements to damage their credibility, attacking the foundation of the prosecutor’s evidence, and using the hearsay rule.
The Maine Criminal Defense Group is regarded as one of the best criminal defense attorneys in the state of Maine. By using these criminal defense methods, as well as others that he has learned, honed, and perfected over years of experience and countless trials, he has accumulated an impressive track record of successfully defending clients against a wide variety of criminal charges. Contact our office to schedule an appointment today.
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I highly recommend The Maine Criminal Defense Group. All the staff are very polite, compassionate and informative. They answered all my questions and came to the best solution for my situation. I appreciate their guidance through this tough period. Many thanks to Nathan Hitchcock, Bill Bly and the team.
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Mr. Bill Bly and his team have been nothing short of phenomenal. They resolved my case with breakneck expertise. Would have liked to thank them in person. I am so thankful and fortunate I chose their firm. Highly recommend Bill Bly and the Maine Criminal Defense Group.
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Bill Bly did an excellent job of listening and addressing our concerns. He answered all of our questions in a timely manner and got results. I highly recommend his services!!!
A TRULY EXCELLENT ATTORNEY
I have had the honor and privilege of working with Mr. Bly who was extremely knowledgeable and thorough and whose expertise in all legal matters was truly outstanding. Mr. Bly was kind, and helpful every step of the way. I would highly recommend Mr. Bly. There can be no attorney…
William is salt of the earth
I’ve gotten to know William through numerous legal conferences and have been incredibly impressed with how serious he cares about his clients and how he is a true human who wants to take care of your future. I will always refer my clients to his firm whenever I can.
A Great Firm!
This is THE premier criminal defense firm in Maine! If any family member or friend of mine needed representation in Maine, I would have them call the Maine Criminal Defense Group! Lawyer Bill Bly and his associates are awesome. Plus Bill Bly trained at Gerry Spence’s Trial Lawyers College. That…
David W.
Changed My Opinion on Lawyers I called Bill and had a consultation. He listened intently to my case and laid out our pathway. He was straight forward, real and didn't toss me a bunch of crap. I fully expected him to fluff up the case and try to convince me…
Robert H.
THANK YOU FOR THE EXCELLENT WORK DONE ON MY CLIENT'S BEHALF Thank you very much for the excellent work performed on behalf of my client on her Maine criminal case. I appreciate the attentive service, the quality of the work and the reasonableness of your fees. As you know, part…
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THANK YOU ATTORNEY BLY! I WOULD TRUST ATTY BLY W/ MY LIFE ... IN FACT, I DID! There is very little in this world that scares me more than the jail cell bars being locked and knowing that I am trapped behind bars in prison. However, after a "Hit &…
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RECOMMEND YOU TO ANYONE I want to thank you for all your help. I was in a bad place when I first came to you. You really helped me through a terrible time. I would definitely recommend you to anyone that needs help. I just wanted to say thank you…
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WON'T HESITATE TO REFER YOU Thank you for everything you did for my son. He and I both appreciate the hard work that you put into this case. He has been able to turn his life around now this is behind him. I know that you are paid to do…
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CAN'T THANK YOU ENOUGH Thank you for all your help with my OUI. When we first met I was resigned to the “fact” that I was going to be convicted of an OUI and would lose my military career over it. I must say that I was quite surprised, shocked…
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I RECOMMEND WILLIAM BLY We're glad we chose Bill for our legal needs. We found Bill to be knowledgeable, clear, and diligent. He actively managed my case and the overall outcome was the best that we could have hoped for. We would recommend Bill to others in a similar situation…
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PHENOMENAL LAWYER The Maine Criminal Defense Group is hard working, knowledgeable, and determined when working on cases. He was pleasant and helpful throughout the entire process by answering any and all questions I may have had. His diligent work on my case, personal connections in the court systems, and professionalism…
Jerry E.
VERY HELPFUL - THANKS BILL! Bill Bly did a magnificent job collecting evidence and building leverage with the DA's office that allowed us to plead an OUI down to a lesser charge. Not only was he very knowledgeable about Maine law, but he also understood the personalities of both the…
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PHD DOCTORAL CANDIDATE, WADE CHARNOCK Mr. Bly is a superb lawyer! He is without a doubt one of the finest criminal defense lawyers in the state of Maine. He handled my son's case with sincerity and professionalism, and the results, "All Charges Dismissed!" If you need a defense attorney, he…
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HIRE MR. BLY. YOU WON'T REGRET IT! I retained Mr. Bly over a year ago. I was charged with OUI and having a minor in the car. Mr. Bly was able to arrange a plea to a Driving to Endanger with no jail time and only a 30 day license…
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BOTTOM LINE RESULTS As an attorney it was clear to me that achieving a favorable disposition of an OUI charge with a difficult fact pattern would require specialized representation. Bill quickly proved this instinct correct and his nuanced and detailed understanding of and experience with the intricacies of the arrest…
John S.
MR OUT OF STATE OUI I went to Maine on a weekend vacation trip and got a little reckless. I ended up driving the wrong way on a one way street and received an oui. Now I was up against loosing my cdl, my job, and my new home I…
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OUI DISMISSED Feeling helpless? Bill is the person you need to contact. Never being on the other side of the law, I contacted Bill in a panic. He sensed this and actually agreed to meet me on a Saturday. Bill was extremely personable and gave me the facts that appeared…
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Definitely Recommend My fiancé and I were visiting Kennebunk over the summer when I was stopped and arrested for OUI. I couldn't believe that this was happening. Once I got over the shock and humiliation of the arrest, my fiancé and I began searching for an attorney in southern Maine.…
Frank S.
HAPPY CLIENT I met with Bill back in June of this year for an OUI charge. When I met with Bill, he sat down with me and explained the entire court process and what to expect going forward. He didn't try and "sell me" on hiring him or make promises…
Terry L.
RECOMMENDATION Bill Bly is very professional, does his homework and he is very thorough. And his staff is the same. He and his staff returned all my phone calls and kept us abreast of the progress in our case. I highly recommend him.
Max C.
THANK YOU MR. BLY Mr. Bly assisted me with a case where I was charged with assaulting my girlfriend and my brother as well as some other people. After reading the police reports, I felt that the case was hopeless. Mr. Bly negotiated and outcome that prevented me from a…
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THANKS FOR YOUR EXCELLENT WORK Attorney Bly defended me on charges of theft and secured a not guilty after trial. Thank you for all of your hard work.
Trent Q.
LEGAL NIGHTMARE SOLVED THANKS TO BILL BLY I was in a legal nightmare, after being arrested for an Operating Under the Influence, OUI in the great State of Maine. I was previously classified as a habitual offender in another state, so this was not my first charge concerning this particular…
Fredrick D.
VERY DEDICATED ATTORNEY Bill was very dedicated to my issue and worked with me to get me the best possible outcome. Bill and his law office kept me well informed on developments on the situation and was very upfront with me, gaining my trust and confidence in his skills helping…
John Y.
JOB WELL DONE First and for most I'd like to thank you very much for sorting out the snowmobile OUI bs for me. The outcome could not have been more desirable and the process with you couldn't have been better. On a professional note I give an A+ and will…
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Thank you for a job well done Attorney Bly handled a sensitive domestic violence charge for me in a VERY favorable fashion. Ultimately, he got the charges thrown out. I'm grateful to him and his staff for all their hard work. Ann is especially helpful and was always available to…
Ned B.
Bly- A True Professional Committed to Client Satisfaction Two years ago I was involved in a high publicity case that involved significant legal implications. This uncharacteristic life event left me overwhelmed by emotional distress and not knowing where to turn next. Through thorough research and high esteem recommendations, I contacted…
Melissa G.
WILLIAM BLY WON'T LET YOU DOWN! I will with out hesitation recommend Bill to anyone !!! He fought diligently for a year to ensure me the best results possible and to avoid trial. In the end Bill saved me my career and kept me out of jail. There is really…
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THANK YOU FOR ALL OF YOUR EFFORTS! My OUI and criminal speeding charges brought a great deal of stress and hardship to not only myself but my entire family. Having both of the charges against me dismissed was an absolute godsend. Once dropped, it felt as though a dark cloud…
Lisa F.
PROFESSIONAL, HONEST, AND QUICK TO REPLY Working with Attorney Bly was a pleasure - given the circumstances. He acknowledged my novelty to the courtroom and was sensitive to my case by guiding me through the process, step by step. Especially when I seemed overwhelmed and confused, anxious and uneasy, Bill…
Betty C.
SUPPORTIVE AND RESOURCEFUL It was an absolute pleasure to work with The Maine Criminal Defense Group. At the eleventh hour, I contacted him for help with a legal matter. What I originally thought would be a quick and easy case, turned into a more challenging matter. Nonetheless, given his knowledge…
Rosalinda E.
HIGHLY RECOMMEND ATTORNEY WILLIAM BLY I am delighted to write this recommendation for Attorney William Bly. Before hiring The Maine Criminal Defense Group to represent me I had worked with another lawyer which resulted in a warrant out for my arrest. Being out of state I had to thoroughly research…
Jason S.
HIGHLY RECOMMEND I found myself searching the internet hoping to find an attorney who I could trust and wouldn't just tell me what I wanted to hear. I was visiting from out of state when I was charged with an OUI as well as a refusal. I contacted Mr. Bly…
Erica L.
THANKS FOR MAKING A DIFFERENCE IN MY SON'S LIFE Bill, Thank you very much for getting back to me. My son and I want to thank you very much for the finalizing of this hard lesson learned in life's journey. I knew from the beginning that not only are you…
Theresa S.
SINCEREST GRATITUDE Mrs. Ann, I want to say thank you again to yourself and Bill again for OUTSTANDING work!! Please pass my regards to Bill. With sincere gratitude.
James C.
JC Recommends The Maine Criminal Defense Group I am very pleased with the representation I received from The Maine Criminal Defense Group. After having been charged with a very serious crime, his thoughtful and prudent strategy and diligent execution resulted in a better than expected outcome. The original charge was…
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TIRELESS AND KNOWLEDGEABLE Bill Bly saved my career in the Navy. He worked on my case for almost six months before he was able to negotiate a positive outcome. His persistence and efforts with the DA were the only things that kept my case from going to trial. He was…
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Without a doubt, choose Mr. Bly! When I was charged with an OUI, I felt that everything that I worked for went down the drain. I knew the consequences of an OUI, and it weighed heavy on my conscious. An OUI for a Naval Officer is a career killer. Having…
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Given Me the Gift of Time Thank you for everything. You've given me the gift of time and I can't thank you enough for that.
Bryan D.
Dismissal of Driving on Suspended - Please read if you are unsure if W. Bly is the right attorney! After looking at reviews online and a brief conversation with Mr. Bly, I decided to retain him. I was charged with Driving on an out of State VA Drivers license. On…
Rick M.
Saved my career and preserved my future! Bill, thank you so much for your excellent legal representation these last few months. You gave me straight and concise answers throughout the entire process and I can't thank you enough for helping me keep my career in the U.S. Navy. Ann Dickey…
Dawn S.
DCS Recommends The Maine Criminal Defense Group Two years ago our family began living a nightmare that we could never have imagined possible. Our 18-year-old son was arrested for a serious offense he committed with a "friend." Our family was in a tailspin and we did not know where to…
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