New York Criminal Trespass
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A New York Criminal Trespass Lawyer can explain that the crime of Criminal Trespass can range from a misdemeanor to a felony. If you have been charged with a misdemeanor, you could be sentenced to up to a year in jail. If you were charged with a felony, you could be sentenced to over one year in prison. If you have been charged with Criminal Trespass, or other criminal matter such as Drug Possession, robbery, possession of stolen property or Burglary, it is important to obtain legal guidance as soon as possible. If convicted the consequences can be very serious. Contact the legal team at Stephen Bilkis & Associates, PLLC for guidance and a free consultation.
This offense involves knowingly entering the property of another without their permission. The New York District Attorney will look at various factors to determine the severity of the offense including whether a weapon was used, and the defendant’s reason for entering the property. This crime is closely related to the offense of Burglary. With Burglary, the defendant enters the property or dwelling of another with for the purposes of committing a crime within.
The degrees of Criminal Trespass are:
3d Degree Criminal Tresspass is a misdemeanor offense under New York Penal Law 140.10 which involves:
- Entering the property of another
- Property is used as a school or camp
- Property is a railroad yard
- Premises is enclosed
- Property is a housing project
If convicted, the punishment for this offense can result in up to three months in jail and a $500 fine.
2nd Degree Criminal Tresspass is an A Misdemeanor offense under New York Penal Law 140.15 which involves:
- Knowingly entering a dwelling (home or residence) without permission
If convicted, the punishment for this crime can bring the defendant up to one year in jail, a fine of $1,000 and three years’ probation.
1st Degree Criminal Trespasses a D Felony under New York Penal Law 140.17 and involves:
- Entering or remaining on another’s property
- Defendant is in possession of a weapon, or knowledge that another participant to the crime is in possession of a weapon.
- Defendant is in possession of explosives or a deadly weapon
- The trespassing laws for the state of New York also apply to various building or businesses that are open to the public.
This offense is committed when a person, regardless of intent, enters or remains on a property or premises open to the public, where the business owner has requested them to not enter or to leave the premises.
If you or a loved one has been charged with this or related crime, it is important that you consult with our legal team as soon as possible for guidance. We will analyze the facts of your case and create an aggressive defense strategy to ensure that your rights are protected. We have offices located throughout New York for your convenience including offices in Manhattan, the Bronx, Brooklyn, Staten Island and Queens. We also have offices in Nassau County and Suffolk County on Long Island, as well as Westchester County. Contact our legal team today for legal guidance and a free consultation at 1.800.NY.NY.LAW.