Re: When someone wont get off your property..?

Posted by Rod (NH) on February 17, 2002 at 18:38:28 from (206.152.181.179):

In Reply to: When someone wont get off your property..? posted by Mike Christian on February 17, 2002 at 17:45:07:

I think stuff like that is covered by state NOT federal laws. In NH there are two types of trespass against property. One is simple trespass and the other is criminal trespass. The criminal variety carries a higher penalty and, I think, includes possible jail time...depending of course on the Judge! As I recall (without looking it up), refusal to leave (or a recurrance of the trespass by the same person) after being so directed by the owner automatically kicks in the criminal version. The property does not have to be posted for this to occur. Your laws in NY are likely different though. You should be able to access and search your laws on the web. Most states provide that ability now. You might try www.state.ny.us and see where it might lead.

As far as what you might do outside of calling the police and waiting for them to arrive...I would be VERY careful here, despite what someone tells you! As you must know, we have become a very litigious society. If you are not careful it may be YOU that will winds up in jail. Even threatening bodily harm can land you in the pen for a long time nowadays. I believe the general school of thought would be that the trespasser would have to actually initiate some physical action against you for you to be justified in responding with anything physical (self defense). Even then the response probably needs to be "proportionate to the action". Texas may permit thieves to be shot on sight...but NOT around here :o).

It shouldn't be this way...but unfortunately it seems to be. Find out who the actor is and report him to the police and let them handle it. But check up on your local laws and know what you have for trespass statutes to back you up.

Good luck. I know how you feel.

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