Charged with Trespassing in Rhode Island?
Don’t face the legal system alone. Contact the experienced trespassing defense attorneys at Marin & Murphy Law Firm for a free consultation.
Call (401) 228-8271 Now!
We have experience representing clients facing Rhode Island trespassing charges and related criminal offenses. Our criminal defense strategies have a proven track record of success. Let us put them to work for you. We are available 24/7 to discuss your Rhode Island trespassing charge at 401-228-8271.
Should I hire a Rhode Island Trespassing Attorney?
If you are researching Rhode Island trespassing charges, you likely know how severe the penalties can be. With the possibility of a year in prison, a $1,000 fine, and potentially domestic violence enhancements, you should not leave the outcome of a trespassing charge to chance. If you or a loved one has been charged with trespassing or domestic trespassing, call us today and put one of our experienced criminal defense attorneys to work on your case.
Why Choose Our Rhode Island Trespassing Defense Attorneys:
At Marin & Murphy Law Firm, we are dedicated to providing aggressive and personalized legal representation for individuals facing trespassing charges in Rhode Island. Whether you’re dealing with a simple trespassing misdemeanor or facing more serious charges like domestic trespassing, our experienced criminal defense attorneys understand the nuances of these cases and are prepared to build a strong defense tailored to your specific situation. When you choose us to represent you, you can trust that we will:
- Conduct a thorough investigation of the charges, meticulously reviewing the facts, police reports, and any witness statements to identify inconsistencies or favorable evidence for your defense.
- Examine the legality of the arrest and any law enforcement procedures, ensuring that your constitutional rights were respected during the investigation, arrest, and any search conducted by authorities.
- Challenge the prosecution’s evidence, scrutinizing key elements such as whether proper notice was given or if there is a legitimate claim of right to the property, and fighting to suppress any improperly obtained evidence.
- Develop a tailored defense strategy based on the unique aspects of your case, exploring potential defenses like lack of notice, legitimate purpose, or legal right to remain on the property.
- Negotiate with prosecutors to reduce or dismiss charges when possible, while always preparing your case for trial to ensure your rights are fully protected in court.
- Provide clear, consistent, and compassionate communication, keeping you informed throughout the legal process and providing you with the support you need during this challenging time.
Our goal is to secure the best possible outcome for your case—whether that means reducing charges, obtaining a dismissal, or achieving an acquittal at trial. We understand that even misdemeanor charges like trespassing can have serious consequences, including jail time, fines, and a permanent criminal record, and we are dedicated to fighting for your rights with skill, determination, and experience.
What is a trespassing charge in Rhode Island?
Trespassing under Rhode Island law occurs when an individual, having no legitimate purpose, enters or remains on the land of another after having been forbidden to do so. In simpler terms, if you enter onto a property after being told not to, or refuse to leave after being told by the owner, you may be charged with trespassing.
What is the criminal trespassing statute in R.I.?
The law governing trespassing is “Willful Trespass – Remaining on Land After Warning,” a misdemeanor codified under Rhode Island General Law 11-44-26. If the parties involved are in a domestic relationship, domestic enhancements outlined in Rhode Island General Law 12-29-5 may apply.
What is the penalty for a Rhode Island trespassing charge?
Under Rhode Island General Law 11-44-26, trespassing is a misdemeanor punishable by up to one year in prison, a $1,000 fine, or both. A conviction may also include a continued “no trespass order,” which legally prohibits the defendant from returning to the property.
What are common forms of criminal trespassing?
Common examples of trespassing include entering property despite posted warnings, returning to a place after being banned (such as a bar, nightclub, or casino), or refusing to vacate a premises after being told to leave.
Are there any defenses to Rhode Island trespassing charges?
Yes. While trespassing may seem straightforward, there are various exceptions and defenses that can be used. For instance, the accused may not have received proper “notice” or may have a claim of right to the property. Legal justifications or necessity may also apply. Our experienced attorneys can work with you to develop the best defense for your case.
Can a landlord press trespassing charges to evict a tenant?
Rhode Island General Law 11-44-26(b) precludes lawful tenants or ex-tenants from prosecution for trespass if they rightfully entered the premises at the beginning of the tenancy. The law requires landlords to follow the civil eviction process and does not allow them to use trespassing charges to circumvent that process. If you are facing an illegal trespassing charge from a landlord, contact us for aggressive defense.
Is a trespassing charge a felony or misdemeanor?
Trespassing in Rhode Island is a misdemeanor. However, a conviction can still result in serious penalties, including potential jail time and a criminal record, which can affect employment, housing, and financial opportunities. It’s important to have legal representation to protect your rights.
Is trespassing the same as breaking and entering?
Although similar, breaking and entering is a felony, while trespassing is a misdemeanor. Trespassing is considered a “lesser included” offense of breaking and entering, but both can have serious consequences.
Is trespassing a domestic violence offense?
It can be. If the parties involved are in a domestic relationship, the offense becomes “domestic trespass,” subject to domestic violence penalties, including mandatory counseling and a No Contact Order. Domestic trespass is treated similarly to domestic assault, and the consequences can be severe, so it is critical to have a skilled attorney.
Rhode Island Trespassing Laws
§ 11-44-26. Willful trespass – Remaining on land after warning – Exemption for tenants holding over.
(a) Any person who willfully trespasses or, having no legitimate purpose for being there, remains on the land or premises of another after being forbidden to do so, shall be punished by a fine of up to $1,000, imprisonment for up to one year, or both.
(b) This section does not apply to tenants or occupants who rightfully entered the premises at the beginning of the tenancy or occupancy. Landlords must use the civil eviction process to remove tenants.
(c) If the Domestic Violence Prevention Act applies, the penalties may include additional domestic violence sanctions as outlined in § 12-29-5.
