Massachusetts Laws on Criminal Trespassing and Burglary Defenses

While trespassing and burglary are serious charges, the law allows for defenses. If you are accused of either crime, understanding your rights and seeking skilled legal counsel are essential steps to protect your future. Criminal charges might feel overwhelming, but with the right defense strategy and support, you can navigate the legal system and work toward a resolution.

What Is Criminal Trespassing in Massachusetts?

Under Massachusetts General Laws (MGL) Chapter 266, Section 120, trespassing occurs when someone knowingly enters or remains on another person’s property without permission. Charges can result when one violates clearly posted “No Trespassing” signs or ignores a direct order to leave. A key element in a trespassing charge is intent. A trespassing charge can result if the trespasser intentionally, not accidentally, entered or remained on the property. The property owner or an authorized person may also have forbidden access or requested that the individual leave.

What Are the Penalties for Criminal Trespassing?

A first of trespassing typically carries a penalty of up to 30 days in jail, a fine of up to $100, or both. Subsequent offenses or aggravating circumstances, such as trespassing on school property, can lead to harsher consequences.

What Constitutes Burglary in Massachusetts?

Burglary is a more severe crime than trespassing and often carries harsher penalties. According to MGL Chapter 266, Section 14, burglary involves unlawfully breaking and entering into a building or dwelling at night with the intent to commit a felony inside. Even if the intended felony isn’t carried out, breaking with intent is enough for a burglary charge. Breaking and entering includes any forceful entry, even slight, such as opening an unlocked door or window. The crime becomes even more severe if violence or threats occur during the burglary.

What Are Penalties for Burglary?

Standard burglary in Massachusetts is punishable by up to 20 years in prison. However, penalties increase significantly if the offender is armed or causes injury to someone inside the building.

What Are Common Defenses Against Criminal Trespassing Charges?

If you’re accused of criminal trespassing in Massachusetts, several defenses might apply depending on the circumstances.

Mistaken Identity

Sometimes, the wrong person gets accused. Maybe someone saw you in the area and assumed you were the trespasser. Proving that you weren’t at the scene can be a strong defense.

Lack of Notice

You can’t be guilty of trespassing if you didn’t know you were on private property. For example, if no signs or fences marked the boundaries, you might argue that you reasonably believed the area was public.

Permission Was Granted

If you entered the property with the owner’s permission, even if it was informal, you’re not trespassing. An example might be when a landlord accuses a tenant’s guest of trespassing, but the tenant has invited them over.

Emergency or Necessity

Entering someone else’s property to avoid harm, seek help, or respond to an emergency is generally considered a valid defense. This could apply if, for instance, you entered a stranger’s yard to escape an aggressive animal.

What Are Common Defenses Against Burglary Charges?

Because burglary is a felony in Massachusetts, building a strong defense is critical.

Lack of Intent

Burglary requires intent to commit a felony inside the property. If you entered a building but had no intention of committing a crime, you can argue that this element of the charge isn’t met. For example, if you entered an unlocked building to seek shelter during a storm and took nothing, this isn’t burglary but a lesser offense like trespassing.

No Breaking and Entering

If there was no breaking and entering, your attorney may argue that the burglary charge doesn’t apply. For example, if you were invited in, it is not burglary.

Mistaken Identity or Alibi

Like with trespassing, mistaken identity might play a role. Burglary often involves circumstantial evidence, such as fingerprints or surveillance footage. A defense attorney can argue mistaken identity if the evidence does not conclusively identify the defendant. If someone claims they saw you breaking into a property, but you can prove you were elsewhere, this is a strong defense.

Duress or Coercion

If you were forced to commit the crime under threat of harm, this could serve as a defense. For instance, if someone threatened your life unless you helped them break into a building, your actions may be excused under duress.

How Important is Legal Representation?

Defending against trespassing or burglary charges in Massachusetts isn’t something to tackle on your own. The legal system can be overwhelming, and the stakes are high—trespassing charges can result in fines and jail time, while burglary convictions sometimes carry mandatory minimum sentences. An experienced criminal defense attorney can help you analyze the evidence, identify weaknesses in the prosecution’s case, build a tailored defense strategy, and negotiate for reduced charges or alternative sentencing options.

Accused of Trespassing or Burglary in Massachusetts? Contant Law Defend You!

If you’re facing criminal charges for trespassing or burglary, your freedom, reputation, and future are on the line. At Contant Law, we understand that mistakes happen, misunderstandings occur, and not every accusation tells the whole story. We deliver the skilled, aggressive defense you need to overcome these serious accusations. During this stressful time, we’ll guide you through the legal process with care and clarity. Contact us today for a free consultation by calling 617-221-8221.