Trespass Charges In New York
It is not nice to enter someone else’s property without their consent. It is also not nice to remain on someone else’s property after being told to leave. However, not only is it not nice to do these things, but it is also against the law. In NY, if you’re found guilty of trespassing, you could face a possible jail sentence of up to 15 days or up to 7 years, depending on the specifics of your case. In New York, the action of trespassing is considered a violation and not a crime; however, some trespass offenses are crimes. If convicted of a violation, you could face a jail sentence of up to 15 days, and if convicted of the crime of trespassing, you could face up to seven years in jail, depending on your case’s specifics. Read on to learn more about trespassing charges in New York.
Criminal Trespass in New York
As already mentioned, in New York, there is non-criminal and criminal trespass. When it comes to a violation, punishment is usually a fine and/or community service. Additionally, if convicted of a violation, the conviction will not go on your record. On the other hand, the penalties of criminal trespass are dependent on the degree of the offense.
In New York, there are three different degrees of the crime of trespass. They are;
- Trespass in the third degree
- Trespass in the second degree
- Trespass in the first degree
Criminal Trespass in the Third Degree
According to New York Penal Law 140.10, an individual is guilty of criminal trespass in the third degree when they knowingly enter (remain) illegally in a building or on real property that is enclosed or fenced in a way designed to keep intruders away.
This offense is a class B misdemeanor. In New York, such an offense is punishable by a maximum of 90 days in jail. However, often, guilty parties are not sentenced to up to 90 days.
Criminal Trespass in the Second Degree
According to New York Penal Law 140.15, an individual is guilty of criminal trespass in the second degree when they knowingly enter (remain) unlawfully in a dwelling. The law defines a dwelling as a building usually occupied by a person who lodges there at night.
This offense is a class A misdemeanor. Such an offense is punishable by a maximum of one year in jail.
Criminal Trespass in the First Degree
The most serious degree of criminal trespass is criminal trespass in the first degree. According to New York Penal Law 140.17, an individual is guilty of this crime when they knowingly enter (remain) unlawfully in a building and;
- possess a firearm, rifle, or shotgun
- possess or have readily accessible ammunition
This offense is a class D felony. In NY, such a crime is punishable by up to seven years in jail for a first-time offender. However, it is possible to get a lighter sentence if convicted.
Contact an NYC Criminal Defense Attorney
If you are facing trespassing charges in NYC or anywhere in New York, contact the experienced NYC criminal defense attorney Mark I. Cohen at 212-732-0002 to discuss your case.
Resource:
omh.ny.gov/omhweb/forensic/manual/html/chapter1.htm#:~:text=A%20Violation%20is%20an%20offense,%2C%20trespass%2C%20and%20disorderly%20conduct
