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In Long Island, New York criminal trespass is a crime that can range in severity from a misdemeanor to a felony. A person who is caught trespassing on another individual’s property can be prosecuted in a criminal or even civil lawsuit. However, it’s important to note that trespassing is generally considered to be a criminal offense. Criminal trespass typically involves someone entering intentionally or intentionally remaining on another person’s property without authority or permission to be there. It is a crime that can have very serious consequences, especially if the individual has a prior criminal history such as robbery, burglary, possession of stolen property or drug possession. As a result, it’s important to hire a criminal defense attorney.
Specifics About Trespassing in New York
In order for a person to be found to have committed criminal trespass in Long Island or anywhere else in New York, certain details must be in place. These are the specific things that must be present for someone to be charged with criminal trespass:
• Intent: For someone to commit criminal trespass, there must be an intent to go onto property that they have no permission to enter or they remain there after learning that they have no legal right to be there. For example, if a person accidentally stepped onto someone’s property while they were out hiking, that would not be considered criminal trespass.
• Warning or Notice Required: In New York, the law requires that there is a warning in place that tells you that you aren’t allowed on a property before you can be convicted of criminal trespass. This goes beyond a person who owns a property verbally telling someone to leave their premises. There must also be a sign that reads “No trespassing,” a fence surrounding the property or a door that is locked to keep people off the property.
• Specific Acts Considered Trespass: In some cases, there are other acts that can be considered trespassing, such as going on someone else’s property to steal a plant from their garden, hunting on their property and so forth. If someone enters the property in their vehicle and lingers there without the permission of the owner, that too is considered a type of criminal trespass.
• Trespassing in a Public Space: In some cases, a person can even be convicted of criminal trespass if they are on property that is normally open to the public, such as a store. However, if the place is closed and you fail to leave, especially if you are ordered to, it can be considered criminal trespass.
What are the Degrees of Criminal Trespass in New York?
Criminal trespass can be charged in varying degrees, depending on the severity of the offense. Criminal trespass in the third degree is charged as a misdemeanor as per New York Penal Law 140.10. It involves the following:
• Entering another person’s property
• The property is used as a camp or school
• The property is a railroad yard
• The property is enclosed
• The property is a housing project
Criminal trespass in the second degree is a class A misdemeanor under New York Penal Law 140.15. it involves the following:
• Knowingly going into a home or residence without permission or authority
Criminal trespass in the first degree is the most serious offense. It is charged as a class D felony as per New York Penal Law 140.17. It involves the following:
• Entering another person’s property or remaining on it
• Having a weapon on your person while on another person’s property or knowing that someone else participating in the trespass has a weapon
• Being in possession of a deadly weapon or explosives
• Remaining on a property that is normally open to the public after closing time and being told to leave
What are the Penalties for Criminal Trespass in New York?
If a person is convicted of criminal trespass in Long Island or anywhere else in New York, there are certain penalties they can expect. The penalties vary depending on the specific charge they receive. These are as follows:
• Criminal Trespass in the Third Degree: As a misdemeanor offense, this conviction can result in jail time for up to three months and a fine of $500.
• Criminal Trespass in the Second Degree: A person convicted of criminal trespass in the second degree is charged with a class A misdemeanor. The penalties include a term of one year in jail, a fine of up to $1,000 and probation for three years.
• Criminal Trespass in the First Degree: Because criminal trespass in the first degree is charged as a class D felony, it carries the most severe penalties. In general, the individual will receive prison time, but the exact length of that time depends on the details of the case and the person’s prior criminal history if there is any.
If you have been arrested for criminal trespass in Long island, you need help from a skilled criminal defense attorney. Contact the Spodek Law Group at your earliest convenience.