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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

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Long Island Criminal Trespass Lawyer

By Spodek Law Group | July 27, 2023
(Last Updated On: October 12, 2023)

Last Updated on: 12th October 2023, 10:02 pm

Long Island Criminal Trespass Lawyer – What You Need to Know

Hey there! If you’re reading this, chances are you or someone you know got charged with criminal trespass on Long Island. I get it – it’s a scary situation. As a Long Island criminal defense attorney focusing on trespass cases, I’ve seen it many times before. Let me walk you through what criminal trespass is, the different degrees, penalties, and defenses so you have all the info you need. I’ll try to keep it simple and avoid the legal mumbo jumbo.

What is Criminal Trespass?

In a nutshell, criminal trespass is when you knowingly and unlawfully enter or stay on someone else’s property without permission. There are three degrees of criminal trespass charges in New York:

  • Third Degree – a Class B misdemeanor
  • Second Degree – a Class A misdemeanor
  • First Degree – a Class D felony

The degrees get more serious as you go up. Third degree is the lowest level charge.

To be convicted, the prosecutor has to prove beyond a reasonable doubt that you knew you were on the property unlawfully. It doesn’t matter whether you intended to commit a crime once inside. Just being on the property without permission is enough.

Third Degree Criminal Trespass

This charge applies when you unlawfully enter or remain on property that is fenced or enclosed in a way to keep people out. Think private property with a gated fence and “No Trespassing” signs.

It also applies if you are a registered level two or three sex offender who enters school grounds illegally. The school must be one where the victim of your past sex crime attends or attended.

Third degree criminal trespass is the lowest level charge, a Class B misdemeanor. But it’s still serious. If convicted, you face up to three months in jail or one year probation.

Second Degree Criminal Trespass

This charge is more serious. It’s a Class A misdemeanor.

You can be charged with second degree criminal trespass if:

  • You unlawfully enter or stay in someone’s home or dwelling place. This includes houses, apartments, mobile homes, or any place people usually sleep overnight.
  • You’re a registered sex offender who illegally enters a school where one of your past victims goes or went to school.

If convicted of second degree criminal trespass, you can face up to a year in jail or three years probation.

First Degree Criminal Trespass

This is the most serious trespass charge in New York. It’s a Class D felony.

You can be charged with first degree criminal trespass if:

  • You unlawfully enter or stay in any building (not just a home or dwelling) and you have a deadly weapon or explosive. Or you know another person involved in the crime has one.
  • You unlawfully enter or stay in any building and possess a firearm plus ammunition. Or you know another person involved has these items.

If convicted of first degree criminal trespass, you face up to seven years in prison and fines up to $5,000.

What are the Defenses?

The good news is there are defenses that can fight the charges and get them lowered or dismissed. An experienced Long Island criminal trespass lawyer will analyze the facts of your specific case to figure out the best defense strategies. Some common ones include:

  • You had permission from the owner to be on the property.
  • You made an honest mistake and thought you were allowed on the property.
  • You didn’t know another person involved in the alleged crime had a weapon or firearm.
  • You were unaware you were on someone else’s private property.
  • You were never told personally to leave the property.

A skilled lawyer will poke holes in the prosecutor’s case and show reasonable doubt. It’s on the prosecutor to prove you knew you were trespassing. Any doubt must go in your favor.

What Happens if Convicted?

Like I said earlier, penalties get harsher as the degree goes up. Even a misdemeanor conviction stays on your record and can really hurt you in the future. It can impact your job, education, housing, and more.

That’s why it’s so important to fight the charges with an experienced criminal defense lawyer on your side. Don’t go it alone. The lawyers at insert law firm name have a proven track record defending trespass charges on Long Island. We know how to beat these cases and avoid a conviction that follows you forever.

If you or someone you care about got charged with criminal trespass, reach out now for a free consultation. I’ll review the facts and start building the strongest defense to get your charges reduced or dismissed. Don’t leave your future up to chance. With an aggressive lawyer on your side, you can put this behind you and move on with your life.

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