New York City Criminal Attorneys to Help Defend You in Cases of Criminal Trespassing
The term “TRESPASS” is most often applied to misdemeanor criminal activities associated with the unauthorized entry of a premises or facility and is dignified by its intent: trespassing versus criminal trespassing. New York defense attorneys understand that the charge can be either serious or “lesser”, and work to mitigate the circumstances of the event for their clients. Get charged with criminal trespass and possibly face significant criminal penalties. The judgment call on whether or not an individual will be charged with a violation or misdemeanor rests in the circumstances in which the defendant was found. To better understand what a defendant could be facing, it is important to look at the New York State legal codes that describe trespassing as follows:
§ 140.05. Trespass. Trespass is a violation.
Criminal trespassing can be described as:
§ 140.10 Criminal trespass in the third degree. This is a class B misdemeanor.
As you can see, what items are found on a person’s possession when arrested, where the trespassing incident occurred, etc. are all important factors in the charges leveled. It is those factors that we must mitigate in order to get you a non-criminal disposition.
Types of Trespass
Trespassing charges in New York may be charged anywhere from a civil violation that is charged as a Class B misdemeanor to a first degree, class D Felony.
Trespassing on another individual’s property is a Class B misdemeanor in the third degree which may be charged under these circumstances:
- Property that is fenced in such a manner so as to keep out intruders,
- A building used as an elementary school,
- Public housing project, or
- A property with a right-of-way such as a railroad
Trespassing in the second degree is a class A misdemeanor. This charge follows the unauthorized entrance into a dwelling such as a residential structure.
A class D felony, this version of trespass involves trespassing with a firearm or deadly weapon
Trespass on Land Open to Public
The way New York’s trespassing laws are written also apply to some buildings and/or businesses that are normally accessible to the public.
Once an individual has been told by the owner or the owner’s designee that the individual is no longer welcome on the property, any subsequent return to that property may result in a trespassing charge. Also, a privilege to enter a building which is only semi-open to the public does not give an individual authorization to enter the remainder of the building which is close to the public.
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Penalties Imposed on Trespass Conviction
The penalties here are also subject to being “stacked” with any convictions resulting from co-occurring criminal acts.
Third Degree Criminal Trespassing is punishable by up to 90 days in jail.
Second Degree Criminal Trespassing is punishable by up to one year in jail.
First Degree Criminal Trespassing is punishable by prison with the precise length of sentencing being dependent on the realities of your case and (any) prior criminal history.
Criminal Trespass Cases are on the Rise in New York City
Legal penalties associated with trespassing can range from fines to incarceration depending upon whether or not the charge was in conjunction with that of another crime or prior history. Legal penalties are not the only concerns of individuals who are caught in the act of trespassing. The US Constitution is very explicit about the rights of property owners regarding the sanctity of their home and property. Trespassing, especially, CRIMINAL TRESPASSING, can have unintended and severe consequences. An individual who has broken into a home or facility loses right of complaint against injury. He or she could be shot, beaten, attacked by guard dogs, etc without legal recourse.
Find the Right Attorney for Your NYC Trespassing Charge
If you are arrested for trespass, contact Bukh Law Firm immediately. Criminal trespass charges bring serious penalties, and an experienced defense attorney is needed to make sure your case has the best possible outcome.
Contact Bukh Law Firm immediately to discuss the charges and learn various ways in which you might evade the worst penalties.