Trespass

Trespass accusations can be serious. Contact an experienced New York City trespass crime lawyer immediately if you find yourself accused of this crime.

A person is guilty of Trespass in New York when he "knowingly enters or remains unlawfully in or upon premises." Trespass, as it is defined by statute, is a violation which is punishable by up to 15 days in jail pursuant to New York Penal Code Section 140.05. However, As you add aggravating factors to this basic definition, you face more serious sanctions. These more serious sanctions include not only Criminal Trespass in the First, Second and Third Degrees, but could also include Burglary.

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. According to New York law, "A person enters or remains unlawfully in or upon premises when that person has no license or privilege to enter or remain in or upon such premises. To have no license or privilege to enter or remain in or upon such premises. To have no license or privilege to enter or remain means to have no right, permission or authority to do so."

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, 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, 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 "knowingly enters or remains unlawfully in a building, and when, in the course of the commission such crime," he either: (i) possesses, or knows that another participant in the crime possesses, a deadly weapon or explosive; (ii) possesses a rifle, shotgun, or firearm and also possesses readily available ammunition that can be discharged from that rifle, shotgun, or firearm; or (iii) he knows that another participant in the crime possesses a rifle, shotgun, or firearm that is also readily capable of being fired because the person possesses ammunition for the weapon.

All forms of Trespass can be serious. However, there are defenses. Feel free to contact John Buza for a free consultation if you, or a loved one, is accused of any level of Trespass.