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Last Updated on: 15th October 2023, 07:53 am
Trespassing laws in New York aim to protect private property and prevent unwanted intrusions. However, these laws can sometimes be confusing or seem unfair. This article provides a helpful overview of criminal trespass laws in Westchester County, NY, including what constitutes trespass, penalties, and potential defenses.
In New York, trespassing becomes a criminal matter when certain conditions are met. There are three levels of criminal trespass charges in Westchester County:
This is the least serious trespass charge under New York Penal Law §140.10. It involves trespassing onto:
Third degree criminal trespass is a class B misdemeanor.
This charge, defined in New York Penal Law §140.15, applies to trespassing in a private dwelling. It is a class A misdemeanor.
The most serious trespass offense under New York Penal Law §140.17, first degree criminal trespass involves trespassing while in possession of explosives or a deadly weapon. This is a class D felony.
The penalties for criminal trespass depend on the degree of the offense:
Fines up to $1000 may also be imposed. Having a criminal record can negatively impact jobs, housing, and other aspects of life.
Here are some potential defenses a Westchester criminal defense lawyer may use:
If you have been arrested for criminal trespass in Westchester County, don’t delay in seeking legal help. A knowledgeable Westchester criminal trespass lawyer can review the evidence against you, advise you of your rights, and build the strongest defense to fight the charges. They may be able to get charges reduced or dismissed. Don’t go it alone against the criminal justice system.
The main difference is intent. Trespass does not require criminal intent, only unlawful entry. Burglary requires intent to commit a crime after unlawful entry.
Yes, if your “license” to be there was revoked, like if you’ve been banned from a park or business open to the public.
Yes, courts have ruled common areas like lobbies or hallways can be considered “dwellings” for second degree criminal trespass.
It means entering without license or privilege, i.e. without permission from the owner or authorized person. There are some exceptions for open public spaces.
Politely decline to answer questions and ask to speak with your lawyer. Anything you say may be used against you.
Criminal trespass laws in New York aim to balance property rights with fairness. Charges shouldn’t be taken lightly, as convictions can result in jail time and a criminal record. If accused of trespass in Westchester County, immediately consult an experienced criminal defense lawyer to protect your rights. They can evaluate defenses and work to achieve the best resolution in your case.
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