Criminal trespass refers to an individual unlawfully entering and remaining on another person’s property without the latter’s consent. This property may refer to a residential or commercial property, as well as cars, boats, and aircrafts.
If you’ve been accused of criminal trespass in New York, you need to consult with a qualified criminal defense lawyer.
Criminal Trespass in the First Degree (New York Penal Law 140.17)
This involves illegally entering a private property armed with a deadly weapon. To establish guilt, the prosecution must prove that the accused:
- Possesses an explosive, a deadly weapon, or a firearm
- Knows that the other participant in the crime is in possession of a firearm
This is a Class D felony.
Criminal Trespass in the Second Degree (New York Penal Law 140.15)
You will be found guilty if the prosecution proves you knowingly and unlawfully entered and stayed in a dwelling. NY law defines “dwelling” as any building, including structures, vehicles, or watercrafts, typically occupied by a person staying in it at night.
You may also be guilty if, as a registered sex offender, you entered and stayed in a public or private elementary, parochial, intermediate, junior high, vocation, or high school.
This is a Class A misdemeanor.
Criminal Trespass in the Third Degree (New York Penal Law 140.10)
You will be prosecuted for this crime when you knowingly and unlawfully enter or remain on a property that is:
- Designed in a manner that excludes outsiders
- Used as a school or overnight camp
- Located outside a city with a population of more than one million, and where the property is used as a school, in violation of a personally communicated request to leave the property from a person of authority
- Located in the city with a population of more than one million and the property is used as a school in violation of a personally communicated request to leave the property from a person of authority
- Used as a public housing project in violation the laws governing entry and use of the property
- Used as a public housing project that violates a personally communicated request to leave the premises from a person of authority
This is a Class B misdemeanor.
Trespassing in a Public Space
You can still be convicted for criminal trespass even if you’re in a public space. It may be open to the public, but if you enter the space after it closes or if you fail to leave after being told to do so, the police will take you into custody.
If you or someone you know has been accused of criminal trespass, don’t hesitate to contact Olivier E. Roche, Esq. Sound legal advice and aggressive representation can mean the difference between jail time and a dismissal.
I offer a free 15-minute consultation so let’s discuss your case today.
