What is the Law on Trespass in Maryland and What are the Punishments for it?
Trespassing is explained as getting into someone’s land or property without taking consent of the land or property owner. Generally, the criminal activities of trespassing are classified into two categories in Maryland and these two types of trespassing are trespassing of posted property and trespassing of private property.
Criminal Activities of Trespassing within the Posted Property in Maryland
There are several type criminal activities which are under the law on trespass depending on different circumstances in Maryland. These activities are as follows.
- A person is prohibited for entering in the land or property which is posted clearly opposed to trespassing. The posting of prohibition or not allowing for getting entry to the land or property can come by placing any kind of signs on the land or property where they may be logically visible or by placing marks of painting on posts or trees at the position of entry and adjoining area to the land or property.
- If there is no post of signs within the land or property to provide instruction the people that the land or property is prohibited for staying or entering, it is considered as a defense for the activity of trespassing. Moreover, if the post of signs is not placed at the right position within the land or area so that the visitors can easily notice the post of signs to prohibit trespassing, it is also considered as a defense for the activity of trespassing.
Criminal Activities of Trespassing within the Private Property in Maryland
There are many criminal activities of trespassing within the private property in Maryland and some of these criminal activities are as follows.
- When a person gets in someone’s property or land where the owner of the property or land has placed a notification in advance so that the people don’t enter in his or her property without his or her permission, the person is accused of a trespass crime. The landowner can designate an agent to take action on his or her behalf for placing notification so that people don’t enter in his or her property again. For example, the owner of land or business can designate the local police department to do the activities of the prohibition of trespass on behalf of his or her. Then the police will get the authority for telling an individual for not to come in that property or land in the future.
- If there is no instruction for the person to not get back to the land or property in advance by the owner of the property or land, it can be a potential defense for the person.
Punishments for criminal activities of trespass in Maryland
When a person is accused of a trespass crime for the first time in the state of Maryland, he or she is charged with a misdemeanor. The convicted person receives a penalty for staying within state jail at most 90 days and he or she will also have to pay a fine amounting not more than $500.
If a person is accused of trespass crime for the repeated offense within the period of at least two years after committing the offense of trespass for the first time, the person is charged with a more serious crime of misdemeanor. The convicted person receives a penalty for staying within state jail at most six months and he or she will also have to pay a fine amounting not more than $1,000.
If you are accused of a trespass crime in Maryland, you should meet an experienced criminal defense lawyer and he or she will provide you the essential guideline to handle your case. An efficient lawyer will give the right advice according to the circumstances of your trespass crime to defense properly.