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Trespass

Manhattan Trespassing Lawyer

Get Experienced Help Fighting Trespassing Charges

A person is guilty of Trespass in New York when he or she "knowingly enters or remains unlawfully in or upon premises." This crime is punishable by up to 15 days in jail. However, there are often more serious charges attached to this crime, including criminal trespassing and Burglary. Don’t go into court without consulting a Manhattan trespassing attorney.

At the Law Office of John Buza, PC, we can hear out the details of your charges at no cost. Call us at (212) 577-9328.

Overview of New York Trespassing Law

A person is guilty of Criminal Trespass in the Third Degree, pursuant to New York Penal Code 140.10 when he "knowingly enter or remains in a building or upon real property" and when there are certain additional factors that are met.

Criminal Trespass in the Third Degree

The most common examples that bump up the Trespass charge to Criminal Trespass in the Third Degree is when the property is fenced in or is otherwise "enclosed in a manner designed to exclude intruders." Other examples include situations when the property is a school or when the property is a government housing building and the person has no legal right to be there. Criminal Trespass in the Third Degree is a class B misdemeanor punishable by up to 90 days in jail.

Criminal Trespass in the Second Degree

Criminal Trespass in the Second Degree, as the term is defined by Penal Code Section 140.15, is a class A misdemeanor punishable by up to one year in jail. There are two subdivisions for this law. However, by far the most commonly charged is subdivision one which states that a person is guilty of Criminal Trespass in the Second Degree when he "knowingly enter or remains in a dwelling." A dwelling is legally defined as a place where people sleep at night. Homes and apartments are examples of dwellings.

Criminal Trespass in the First Degree

Criminal Trespass in the First Degree, which is defined by Penal Code Section 140.17, is a class D felony which is punishable by up to 7 years in jail. A person is guilty of Criminal Trespass in the First Degree when he or she "knowingly enters or remains unlawfully in a building, and when, in the course of the commission such crime," they either:

  • possess, or know that another participant in the crime possesses, a deadly weapon or explosive
  • possess a rifle, shotgun, or firearm and ammunition
  • He or she knows that another participant in the crime possesses a rifle, shotgun, or firearm with ammunition

The prosecution will try to charge you with the severest penalties possible. Schedule a free consultation with our Manhattan trespassing attorney to learn how you can fight back. Call (212) 577-9328 today.

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