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NYC Criminal Trespassing Lawyers

Understanding Criminal Trespassing Charges in New York: Your Legal Guide


Persons who have been charged with a crime should immediately seek out a criminal defense lawyer for legal advice and representation. Criminal trespassing lawyers can assist with protecting individual’s constitutional rights and defending them in court. If you have been charged with criminal trespassing in New York, criminal trespassing lawyers can provide valuable assistance with your case.

Defenses and Legal Representation

While not every case can be won, many cases have defenses that can be raised to cause reduction of the offense or sometimes complete dismissal. Whether your situation has an available defense depends on the particular facts of your case. Criminal trespassing lawyers will be able to review the evidence in your case and can determine whether any defenses are available.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

In any criminal case, the police must comply with certain procedures. The Constitution protects individual’s rights against unreasonable searches and seizures. Sometimes police officers overstep their bounds and violate these Constitutional rights. For example, in order to detain a person for investigation of a crime, the police must have at least reasonable suspicion that an offense has occurred. The police must be able to articulate exactly what facts gave rise to the detention. If the police cannot do this, then evidence obtained from the detention must be excluded, making a conviction for the offense less likely.

Police officers are also required to advise suspects of certain rights when a person has been detained and they are being questioned. These are commonly referred to as “Miranda” rights. If the police fail to properly advise a person of these rights, or they otherwise ignore it when a person invokes these rights, evidence obtained from the statements must be excluded. Criminal trespassing lawyers will be able to determine if a Miranda rights violation occurred in your case.

Regardless of whether a defense is available or successful, the prosecution must be able to prove all of the elements of criminal trespassing beyond a reasonable doubt. This standard is a high standard to meet. Criminal defense attorneys can make sure that prosecutors are held to this standard and require them to present the evidence. In many cases, criminal defense attorneys can create reasonable doubt by presenting rebuttal evidence and finding issues within the case against you.

Legal Process and Representation

Criminal trespassing lawyers can represent defendants throughout all stages of a criminal trespassing case. This includes the investigation phase, pretrial, trial, appeal and post conviction. If you have been suspected of criminal trespassing, it is crucial that you contact a criminal defense attorney as soon as possible, so they can help you understand your rights. They can file motions, raise objections, make argument and question witness on your behalf throughout the entire case.

While your charges are pending, criminal trespassing lawyers will help you understand the potential options you are presented with. Sometimes, a plea offer will be made to resolve the case. A criminal defense attorney will help you make an informed decision about the plea offer. A criminal defense attorney will also help you understand the potential penalties and consequences associated with various options. This will help you avoid any surprises that may arise later.

Seriousness of Charges and Legal Assistance

Criminal trespassing charges are very serious and can carry significant penalties including jail, fines, and probation. A conviction for criminal trespassing can adversely impact your prospects for opportunities in the future. Because of this, it is important that you seek out a criminal defense attorney who will advocate on your behalf and protect your interests.

An experienced criminal defense attorney from Spodek Law Group, PC can provide legal representation to those charged with criminal trespassing or other offenses in New York. They can review your case to identify potential defenses and give you advice about the possible outcomes. Their legal team seeks to help their clients fully understand the process, to reduce the chances of confusion or unexpected consequences. They have experience with criminal trespassing cases and draw upon that experience to give you an idea about what the expect.

If you or a loved one are facing criminal trespassing charges, contact the New York criminal trespassing lawyers from Spodek Law Group, PC for immediate assistance. They will advice you of your options and can represent you through all stages of the criminal process.

Understanding New York Penal Law 140.05: Trespass

In New York, trespassing can vary between a relatively minor misdemeanor or a very serious felony depending on the details of the charge. Regardless of those details, support from a skilled NYC criminal lawyer is vital for anyone who wants to defend themselves from such a charge. If you are accused of any degree of criminal trespass, it is vital that you seek out qualified legal help as soon as possible.

Types of Trespass and Associated Penalties

All criminal trespass involves entering private property without permission, even without the intent to commit another crime. This extends to people who stay on private property after they have been asked to leave. The state recognizes three different types of trespassing, depending on the type of property that was entered, whether or not the trespasser was armed, and occasionally their intentions or their actions while trespassing.

Degrees of Trespass and Legal Implications

1. 3rd Degree Trespass: Criminal trespass in the third degree is a misdemeanor in New York. It carries a possible sentence of a $500 fine and up to three months in jail. A history of misdemeanors can also lead to alternative sentencing for some other crimes, so a conviction can lead to significant consequences even after the sentence has been carried out.

2. 2nd Degree Trespass: This is a more serious form of trespassing, but it still counts as a misdemeanor. Individuals who are convicted of 2nd degree criminal trespass face a maximum fine of $1000, a prison term of up to one year, and up to three years of probation.

3. 1st Degree Trespass: 1st degree criminal trespass is the most serious form of trespassing. Unlike the others, it is considered a felony. That means that the long-term consequences of this type of trespass are significantly greater than those of the others. The immediate consequences are also significantly more severe. This type of trespass is considered a type D non-violent felony, so it can lead to a prison sentence of anywhere 1-7 years.

Defense Strategies

A skilled lawyer can often mount a successful defense against a trespassing charge, most often by proving that the state lacks the evidence to prosecute. Trespassing is only a crime if it is done knowingly, and establishing that the defendant had that knowledge is often difficult. Other defenses are also possible, depending on the circumstances of the case. Most people lack the legal skills to argue in their own defense, so the best thing to do when charged with trespassing is to get into contact with a good lawyer and follow their advice.

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