Charged with Criminal Trespass in New York?

Don’t Let a Criminal Charge Ruin Your Life!

New York’s laws against trespass, or criminal trespassing are serious. Charges range from felony trespass, to misdemeanors and non-criminal violations.

If you’ve been charged with trespass in New York, call our attorneys now to find out what we can do to help you and defend your rights.

Don’t plead guilty to any criminal charge like trespass without consulting a qualified, experienced New York criminal defense lawyer. A criminal record can follow you for life, and there may be ways to easily prevent this from happening, by seeking a dismissal of the charges, or getting them reduced down to a non-criminal violation.

Call (888) 435-4744 now for a legal consultation with an experienced defense lawyer in New York who understands New York state trespassing law.

NY Trespass Laws & Penalties

Depending on the circumstances, Trespass crimes range very serious to relatively non-serious.

Criminal Trespass in the First Degree – 140.17

First degree criminal trespass involves trespassing with a gun or deadly weapon.

In order to prove that an individual is guilty of Criminal Trespass in the First Degree, it must be established that the person accused of trespass knowingly enters or remains unlawfully in a building, and when, in the course of committing such crime, he/she:

  1. Possesses, or knows that another participant in the crime possesses, an explosive or a deadly weapon; or
  2. Possesses a firearm, rifle or shotgun, or has readily accessible a quantity of ammunition which is capable of being discharged from such firearm, rifle or shotgun; or
  3. Knows that another participant in the crime possesses a firearm, rifle or shotgun under circumstances described in subdivision two.

Under New York Penal Laws, Criminal Trespass in the First (1st) Degree is classified as a D Non Violent Felony charge. (140.17)

Criminal Trespass in the Second Degree – 140.15

Second degree criminal trespass involves trespassing into a home or residence without permission.

In order to prove that an individual is guilty of Criminal Trespass in the Second Degree, it must be established that the individual:

1) knowingly enters or remains unlawfully in a dwelling.

Under New York Penal Laws, Criminal Trespass in the Second (2nd) Degree is classified as an A Misdemeanor charge. (140.15)

 

Criminal Trespass in the Third Degree – 140.10

Third degree criminal trespass in NY involves trespassing into a building or onto someone else’s property.

In order to prove that an individual is guilty of Criminal Trespass in the Third Degree, it must be established that the individual: knowingly enters or remains unlawfully in a building or upon real property,

  1. which is fenced or otherwise enclosed in a manner designed to exclude intruders; or
  2. where the building is utilized as an elementary or secondary school, a children’s overnight camp or a summer day camp, or
  3. where the building is used as a public housing project, or
  4. where the property consists of a right-of-way or yard of a railroad or rapid transit railroad.

Under New York Penal Laws, Criminal Trespass in the Third (3rd) Degree is classified as a B Misdemeanor charge. (140.10)

Trespass – 140.05

In order to prove that an individual is guilty of the violation of Trespass in New York, it must be proven that the person:

1) knowingly enters or remains unlawfully in or upon premises.

Trespass (Simple Trespass) is a violation under New York law. It is not a criminal charge.

Free Legal Consultation on New York Criminal Trespass Charges

Call us to talk about your criminal trespass or related New York state criminal offenses. We offer a free consultation on criminal defense issues. Call (888) 435-4744 now for the help you need.

Don’t accept what the DA is offering you without competent legal advice. You could be making a mistake that will leave you with a permanent criminal record. Call for a consultation now. (888) 435-4744

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