In Baltimore, and throughout Maryland, criminal trespassing is entering or crossing property that has been posted or when the owner of the property has advised the person to not enter or crossover. If you are facing trespassing charges, then you need to hire a Baltimore trespassing lawyer today. Under the Maryland laws, specifically Maryland Criminal Law 6-402 and 6-403 it is a crime to trespass on property in Maryland. Protect your rights and record, talk to our trespassing lawyer today.
Maryland criminal law specifies various crimes and prohibitions against trespassing and remaining on the property of another or public agency. Below our Baltimore trespassing defense lawyers have broken down each of the trespassing laws, penalties and consequences below.
Criminal Trespass on Posted Property in Baltimore
Under Maryland Criminal Law 6-402 it is a crime for a person to enter or trespass on property that is posted conspicuously against trespass. This may include signs that say “posted” or “no trespassing.” If the signs are placed in a reasonable location or there are paint marks they can form with the rules established by the Department of Natural Resources then a person could be charged with trespass on posted property in Baltimore Maryland.
If charged with trespassing a skillful Baltimore trespassing lawyer may be helpful in defending against the criminal charges or mitigating the consequences or penalties for the violation. If a person is convicted in Baltimore, Maryland of trespassing on posted property, they are facing a misdemeanor conviction and could spend up to 90 days in jail and pay a fine of $500.
There are enhanced penalties in Maryland for repeated trespassing on posted property. If a person is convicted for a second violation within two years after the first violation they face up to six months in jail and a $1,000 fine. For each subsequent violation of trespassing on posted property in Maryland, a defendant could face up to one year in jail and a $2,500 fine.
Wanton Trespass on Private Property in Baltimore Maryland
Contrasted to the trespassing on posted property, another charge a person could face is if they’ve been notified by the owner or the owner’s agent to remain off the property they could be charged with one trespass on private property. Under Maryland Criminal Law 6-403 it is illegal for a person to enter or cross over private property or board the boat of another if they been notified to not go to that private property or boat.
By hiring a Baltimore trespassing lawyer, you can ensure that the State does not take advantage of your rights and can argue any possible legal defenses at trial and before the Judge.
In addition, after being warned to leave the property or the boat and a person remains there, they could be charged with trespassing on private property. This is a common offense and a charged used by the police when attempting to order an individual to leave a private property. If charged with trespassing on private property then a person is facing a misdemeanor conviction and could face up to 90 days in jail and a $500 fine for a first offense.
If a individual is convicted for a second time within two years of the first conviction for trespassing on private property they could face up to six months in jail and a $1,000 fine. For each subsequent violation of trespassing on private property in Baltimore, Maryland a person could face up to one year in jail and a $2,500 fine.
Trespassing on a Boat in Maryland
It is illegal in Maryland to board or remain upon the marine vessel of another person after having been duly notified not to do so by owner/agent of the owner for the boat. Maryland Criminal Law Article 6-403.
Penalty for a 1st conviction (Trespassing on a Boat): If a found guilty or trespassing on private property in Maryland, a person is facing a misdemeanor conviction, 90 days in jail and a maximum $500 fine.
Penalty for a 2nd conviction within 2 years of the 1st violation (Trespassing on a Boat): Maximum penalty of 6 months in jail and a $1000 fine.
Penalty for 3rd or subsequent conviction within 2 years of the most recent violation (Trespassing on a Boat): Maximum penalty of 1 year in jail and a $2,500.00 fine.
Driving a Vehicle on Private Property
Under Maryland Criminal Law 6-404, it is illegal for someone to drive a motor vehicle or off-road vehicle on private property unless they have permission from the owner to do so. This does not apply if an individual is driving on a clearly designated driveway. If convicted of driving on private property a person is facing a misdemeanor and up to 90 days in jail and a $500 fine.
In addition to the crime of driving on private property, it is illegal for a person to use an off-road vehicle on property owned or leased by the state of Maryland or one of its political subdivisions. This can include four-wheelers and dirt bikes used on State Property. If convicted, a person is facing a misdemeanor and up to 90 days in jail and a $500 fine.
Trespassing on a Stable Area or a Racetrack in Baltimore Maryland
With such popular horse racing locations as Pimlico, it is not uncommon for a person to be found in the stable area for race track without permission. Under Maryland Criminal Law 6-407, it is illegal for a person to enter or remain in the stable area for racetrack after being told by the official or security guard to not be in that area. If a person is arrested they could face a misdemeanor conviction and up to 90 days in jail and a $500 fine.
It is illegal for a person to enter or remain in the stable of a race track, after having been notified by a track official/security guard/policeman that the person prohibited is not allowed in that area. Maryland Criminal Law Article 6-407.
This can apply in the following Maryland Race Tracks:
- Pimlico (The Preakness)
- Laurel Park
- Maryland State Fair
- Rosecroft Raceway, Fort Washington
If found guilty, a person could face up to 90 days in jail and a $500 fine and a misdemeanor conviction on their record.
Trespassing and Invading Privacy in Baltimore, Maryland
While not a commonly charged crime in Maryland, it is illegal for a person to enter on the property of another for the purposes of invading the privacy of the occupants of the building by looking through the window, door or other openings in the building. Maryland Criminal Law 6-408 provides a penalty and the law that classifies this as a misdemeanor and a penalty of up to 90 days in jail and a $500 fine.
It is illegal for a person in Maryland to enter upon the land and premises of another person for the purpose of invading the privacy of the occupant of said premises by looking into said premises. Maryland Criminal Law Article 6-408.
If a person is found guilty of trespassing by looking into another person’s window, they could be sentenced to 90 days in jail and a $500 find. Trespassing by looking into another’s window is classified as a misdemeanor.
Trespassing on a Public Building After Hours
It is a crime in Maryland for a person to refuse or fail to leave a property of a public agency, during regular closing hours, having no lawful business therein and having been requested to leave by an authorized employee. Maryland Criminal Law Article 6-409(a)(2).
Trespassing in a public building after hours is classified as a misdemeanor and could result in a 6 months in jail and a $1000 fine.
Trespassing on a Public Building During Business Hours
It is illegal in Maryland for a person to refuse or fail to leave a property of a public agency, during regular business hours upon being requested to do so by an authorized employee and when the defendant had no apparent lawful business to pursue/was acting in a manner disruptive of and disturbing to the conduct of normal business. Maryland Criminal Law Article 6-409(b).
If convicted of trespassing on a public building after hours, one can face up to 6 months in jail, a $1000 fine an a misdemeanor record.
Trespassing on a Government House
It is a crime in Maryland to wantonly (“characterized by extreme recklessness and utter disregard for the rights of others.“) trespass on the property of Government House. Maryland Criminal Law Article 6-410.
There is a requirement that the property of Government House be posted against unlawful entry or trespass.
If convicted of trespassing on a government house in Maryland, a person is facing a misdemeanor on their record, 6 months in jail and a $1000 fine.
Refusing to Leave a Public Building or Grounds in Baltimore, Maryland
Maryland Criminal Law 6-409 makes it illegal to refuse or fail to leave a public building or grounds during the time that the building or grounds are closed it also makes is it a crime to refuse or fail to leave a public building during business hours under certain conditions that could be disruptive or without having business in that government structure. If you are facing trespassing, speak with our Baltimore trespassing lawyer today to learn how we can help.
If an individual is charged with refusing or failing to leave a public building or grounds in Baltimore Maryland, they’re facing a misdemeanor and up to six months in jail and a $1,000 fine. A Baltimore trespassing lawyer may be helpful in arguing that you were not ordered to leave the property by the proper authority.
Trespassing on Education or School Property in Maryland
Under the Maryland Education Laws is also illegal to trespass on the grounds of any public institution, elementary, secondary or higher education building. If a person fails or refuses to leave it could be charged with a misdemeanor and face up to six months in jail or a $1,000 fine.
Our Baltimore Trespassing Defense Attorneys Can Helo
While trespassing is one of the most common offenses charged in the district court, the frequency of the individuals facing these charges does not diminish the severity of the crimes. Judges and State’s Attorney’s throughout Baltimore and surrounding areas take trespassing charges seriously as they want to curb the behavior of individuals. With the help of an experienced criminal defense lawyer, trespassing charges can be challenged or mitigated at trial.
The state will often ask the court to order the defendant to remain away from the property or business they allegedly trust passed upon. However, trespassing charges are not always clear-cut as there may be a lack of notice provided to the defendant that they could not be on the property or the defendant may not have seen or known that they were not allowed on the posted property. If you’ve been charged with criminal trespassing or facing a trespass charge in Baltimore Maryland, contact the Law Offices of Randolph Rice today to schedule a free consultation and discuss your legal options.