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Criminal trespass is a crime that occurs when a person unlawfully enters or lingers on a property that belongs to someone else. However, if you enter someone else’s property or linger on it with a weapon, you can face a charge of criminal trespass in the first degree. As per the New York Penal Law 140.17, this type of crime is considered a felony and involves knowingly entering or staying on another person’s property.
What Constitutes Criminal Trespass in the First Degree?
In addition to actually entering or lingering on someone else’s property, criminal trespass in the first degree can occur when the following situations are in place:
• You possess a deadly weapon or explosives
• You possess a firearm or know that another person with you is in possession of one
Under New York’s penal code law section 10.00(12), deadly weapons fall under the categories of any weapon that is loaded and that can release a shot; a knife or dagger; billy club, blackjack; or plastic or metal knuckles.
Example of Criminal Trespass in the First Degree as Per New York’s Penal Code 140.17
A young man enters the lobby of a biotech company and wants to see the CEO. He demands to see him and explains that his reason is to discuss the way the company uses animals for experiments. The security guard tells the young man that he can’t speak to the CEO and asks him to leave. The man refuses and the security guard comes over to escort him out of the building. However, the young man quickly pulls something out of his messenger bag that looks to be explosives and threatens to blow up the entire building and everyone in it if he’s not allowed to see the company’s CEO. As a result of these actions, the young man can be charged with the crime of criminal trespass in the first degree as per the New York Penal Code 140.17. This is because he stayed on the property after being asked to leave and had explosives in his possession.
Defenses for Criminal Trespass in the First Degree
New York’s Penal Law has a very specific term when it refers to a “deadly weapon.” As a result, the prosecutor has to show that you actually possessed a deadly weapon if you are charged with criminal trespass in the first degree. However, your NYC criminal attorney can challenge that and prove that you did not have a deadly weapon in your possession while you were on or in someone else’s property. This is a good defense against this particular charge, although you may still face the lesser charge of criminal trespass, depending on the circumstances.
Penalties and Sentences for Criminal Trespass in the First Degree
Criminal trespass in the first degree is considered to be a class D felony. That means that the maximum sentence you could get when you are charged with the crime is seven years in prison. However, if you have a prior criminal record, your sentence and whether you even get a prison term depends on that. If you haven’t had a prior conviction in the past 10 years, you may only receive the penalty of probation. If you do have at least a single prior felony conviction, however, the judge may sentence you to anywhere from two to four years in prison.
New York Penal Law 140.15: Criminal trespass in the second degree
There are three different crimes that relate to trespassing in New York. They’re meant to stop people from going on another’s property unlawfully. Criminal trespass in the second degree prevents people from entering or staying in a dwelling unlawfully. It also prevents convicted sex offenders from going to the school that their victim attends.
There are two ways to commit trespassing in the second degree in New York. The first is to enter or stay on a residential property without permission. The second way applies only to level two or three sex offenders. These offenders commit trespass in the second degree if they enter the property of the school of their victim.
There are a few key differences between second-degree trespassing and third-degree trespassing. Second-degree trespassing involves only a residence or a sex offender going to a victim’s school. Third-degree trespassing can occur on a number of different types of property. First-degree trespassing generally involves a the use of a weapon.
Criminal trespass in the second degree is a class A misdemeanor. That means the court can order you to spend up to one year in jail if you’re convicted. They can also place you on probation for up to three years.
Pat has a criminal conviction. Because of the conviction, Pat registers as a second-tier sex offender. Pat knows that the victim in the case attends a certain high school. Pat wants to talk to the victim in the case, and Pat goes inside the school to find the victim during lunch hour. When entering the school, Pat commits the offense of criminal trespass in the second degree.
If you’re facing a charge of criminal trespass in the second degree, an attorney can help you explore possible defenses. One defense is that you are lawfully on the property. You might have the owner’s permission to be on the property. You might not have been told to leave the property.
For the charge of going to the school, you have to know that the victim attends the school. If you’re at the school for another reason, and you don’t know that the victim goes to that school, you might have a defense to the charges. The criminal trespass law requires you to go to the school knowing that the victim goes to school there. If you go there without knowing this is the case, you might have a defense to the charges.
You can also go to the school if you’re a lawfully registered student at the school or if you’re the parent of a lawfully registered student at the school. In that case, you must be at the school only for a legitimate purpose related to your or your child’s education. You can also go to the school to vote if you’re able to lawfully do so.
Work with an attorney if you’re facing a sex-related criminal charge
If you’re facing an offense that can place you on a sex offender registry, it’s important that you work with a skilled NYC criminal attorney on the case. Registry obligations can hurt your chances to find meaningful employment or housing. The consequences are serious and lasting.
Having to register also makes you susceptible to additional criminal charges such as criminal trespass in the second degree. That makes it critical that you work with a skilled attorney for any charges that you’re facing. It’s critical to understand the potential consequences of charges against you before you make a decision about how to proceed with your case.
New York Penal Law 140.10: Criminal trespass in the third degree
Similar to many other areas of the country, New York makes it illegal for people to enter properties illegally. In the New York Penal Code, one of the laws that makes this illegal is criminal trespass in the third degree. This is one of several trespassing laws in the New York Penal Code. The crime of criminal trespass in the third degree specifically refers to trespassing in a controlled area, which includes any property that is gated, a school, a housing project, or even a rail yard.
Examples of the Crime
There are many different examples of criminal trespass in the third degree. One example of the crime would be if a former employee at a school tries to enter the school for any reason. If the former employee is no longer allowed at the school, or has no valid reason for being there, it will be considered criminal trespass in the third degree.
In many cases, criminal trespass in the third degree is coupled with other charges as well. When someone is charged with criminal trespass in the third degree they may receive the charge on top of other charges, which commonly include vandalism, theft, or violating a restraining order.
Defense to the Crime
If you were arrested for criminal trespass in the third degree, it would be a good idea to hire an attorney to help fight the case. Those that are experienced in the area of law will be able to develop a defense plan, which could be used to either negotiate a lower charge or have the case dismissed.
One of the most common ways that criminal trespass in the third degree is defended is by proving that you were able to be on the property. If you happen to enter a controlled property and were approved to do so, the security staff onsite may not be aware of this and could have you arrested. However, if you have evidence that you were permitted or approved by another party, you could have the charges dropped and dismissed entirely.
Another form of defense could be that you were not aware that you were violating the law. If the building is not specifically detailed in the penal code, such as a school, but is secure, the building owner should make it clear that trespassing is a crime. If this is not made clear to the public, you could have the charges dismissed.
Penalties for the Crime
In general, penalties for criminal trespass in the third degree are not too severe. The charge is a class B misdemeanor, which means that you could receive up to 3 months in prison and a small fine. However, unless you have a long history of similar arrests, you will likely not face and jail time. If the crime of criminal trespass in the third degree is added onto another crime, such as vandalism or theft, it could lead to a more severe punishment when all of the crimes are combined.
If you have been convicted of criminal trespass in the third degree, it would be wise to hire a NYC criminal attorney immediately. This crime can have some sever punishments, including jail time for repeat offenders. Further, if it is coupled with any other charge, there could be even more jail time or financial penalties. Once you have hired an attorney, you will begin to receive consultation on the case and assistance in either negotiating a lower charge of defense in a courtroom.
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 enough.
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.
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.
We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.
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