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NYC Criminal Trespassing Lawyers

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.

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.

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.

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.

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.

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.

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.

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.

This degree of trespassing consists of knowingly entering private property without permission if the property meets one of the following conditions:

  • The property is enclosed.
  • It is being used as a camp or as a school.
  • It is a railroad yard.
  • It is a housing project.

It is important to note that meeting any one of those requirements is sufficient for the act to count as 3rd degree trespassing. It does not need to meet all of those conditions.

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.

This type of trespass is very simple. A person who enters an individual’s dwelling without permission commits 2nd degree criminal trespass, as long as they do not intend to commit a crime by doing so. If they do enter with the intention of committing a crime, they are committing burglary rather than criminal trespass, which is a much more serious crime.

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.

Criminal trespass in the 1st degree has a fairly strict definition. It requires knowingly entering private property without permission, while either possessing an explosive or deadly weapon or knowing that another trespasser has an explosive or deadly weapon.

Defending Against a Charge

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.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

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"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

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"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

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