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 qualified criminal defense attorney.
Our criminal defense team is highly regarded throughout New York state and across the country because we know how to use the law to get results. Drawing on decades of shared legal experience on both sides of the aisle, our attorneys are familiar with the strategies the prosecutors use. We tailor our approach to counter the opposing counsel’s arguments and present persuasive arguments that defend your side of the story.
Our attorneys will listen to the details of your charges at no cost. Call 212-710-5166.
Overview Of New York Trespassing Law
A person is guilty of criminal trespass in the third degree, pursuant to New York State Penal Law 140.10 when he “knowingly enters or remains in a building or upon real property” and when there are additional factors that are met.
Criminal Trespass In The Third Degree
The most common example that bumps 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 New York State Penal Law 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 enters 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 New York State Penal Law Section 140.17, is a class D felony and is punishable by up to seven 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, in the course of the commission of such crime,” they do one or more of the following:
- Possess – or know that another participant in the crime possesses – a deadly weapon or explosive
- Possess a rifle, shotgun or firearm and ammunition
- Know 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. Get an experienced advocate on your side who is committed to minimizing the impact this situation has on your life.
Contact Us Today
Schedule a free consultation with an attorney at our firm to learn how you can fight back. Call 212-710-5166 or contact us online today. Konta, Georges & Buza, P.C. proudly represents individuals in the five boroughs of New York City.