Baltimore, MD wanton trespass attorney lawyer

What is Wanton Trespass?

Wanton trespass is a property crime that is committed when a person enters or remains present upon the property of another after being notified or warned by the owner or an agent of the owner to keep off the premises and when the person has no good faith claim of right to remain. See Md. Code Criminal Law Art. 6-403. Wanton trespass is considered a misdemeanor offense.

What does “Wanton” Mean?

A person commits wanton trespass if he or she acted with extreme recklessness and utter disregard for the property rights of another and was aware of the fact that he or she was making an unauthorized intrusion. If the person had a good faith claim of right to remain on the property, there is no wanton trespass to the property rights of another. If the person merely knew that he or she was not welcome on the property, that is not enough to sustain a conviction. In order to sustain a conviction, the person must have been given sufficient notice to leave the property.

What are the Maximum Penalties for Wanton Trespass?

The maximum penalties for wanton trespass vary based on the number, if any, of prior wanton trespass offenses. If convicted of a first offense, the maximum penalty is 90 days and/or up to a $500 fine. For a second conviction occurring within 2 years after the first conviction, imprisonment not exceeding 6 months and/or a fine not exceeding $1,000. For each subsequent conviction occurring within 2 years after the preceding conviction, imprisonment not exceeding 1 year and/or a fine not exceeding $2,500.

Towson, MD Wanton Trespass Attorney

Our award-winning Towson, MD criminal defense law firm has extensive experience helping folks who have been accused of trespassing. Contact our office today if you have been charged with wanton trespass on private property to schedule a consultation with an experienced criminal defense attorney. There are defenses to trespassing that an experienced criminal defense attorney can identify, such as the sufficiency of the warning or whether the person had a good faith claim of right to remain on the property.