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Criminal Trespass Lawyer2 Feb 2019

As per New York Penal Law section 120.05, a criminal trespass occurs when one person unlawfully enters or remains on property that is owned or occupied by another person without that other person’s consent. The person who is trespassing must be told to leave the property by somebody with the authority to do so. If a person’s invitation or license to remain on property has been revoked, and that revocation has been clearly communicated to him or her, that invitee or licensee becomes a trespasser. He or she must immediately leave the premises.

Statutory Examples of Trespassing
What constitutes a criminal trespass is expanded upon further by New York Penal Law section 140.10. As per section 140.10, a person can be arrested and found guilty of criminal trespass if he or she has committed any of the following acts:

  • He or she entered or remained upon property that was enclosed for purposes of preventing trespassers.
  • The person entered or remained on property that is being used as a camp or school.
  • He or she entered or remained in a housing project without permission.
  • The individual unlawfully entered a railroad yard.

A violation of section 140.10 is a class B misdemeanor and punishable by not more than three months in jail and a fine not to exceed $1,000.

Criminal Trespass in the Second Degree
This crime is controlled by New York Penal Code section 140.15. There are two ways that a person can be charged with criminal trespass in the second degree. The first way is when a person pleads guilty or is found guilty of having trespassed inside of a dwelling. By doing so, he or she is guilty of a class A misdemeanor. The second way that a person can be found guilty of the offense is by entering a victim’s school as a registered sex offender. Both offenses are punishable by up to 364 days in jail and a fine of no more than $1,000.

Criminal Trespass in the First Degree
Matters get very serious if a person is charged with criminal trespass in the first degree. As per New York Penal Code section 140.17, the crime occurs when a person “unlawfully enters or remains on the property of another, and when in the course of committing that trespass, he or she possesses or knows that another participant in the crime possesses an explosive or deadly weapon.” Criminal trespass in the first degree is upgraded from a misdemeanor to a class D felony that is punishable by up to seven years in a state prison and a fine of up to $5,000.

Defenses
A misdemeanor or felony conviction can stay with you for the rest of your life. It can get in the way of employment educational and housing opportunities. If you are arrested for criminal trespass, many defenses are available. They include but aren’t limited to permission, knowledge, intent and whether the trespasser was told to leave the property. We will look into those defenses for you and raise one or more of them if applicable.

If you have been arrested for criminal trespassing anywhere in New York City, don’t give the police any kind of a written or oral statement or confession. Whatever you say will only be used against you in the prosecution’s efforts to convict you of the crime in the future. Protect and invoke your rights by contacting our offices at your first opportunity. By doing so, you can arrange for a free consultation and review of the case against you. We promise to listen to you closely and answer your questions. After we’ve had an opportunity to examine all of the evidence in your case, we will advise you on all of your legal options and provide you with our recommendations. Contact a New York City criminal trespass lawyer from our offices right away after any trespassing arrest.

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