NYC Criminal Trespassing Lawyers

Understanding Criminal Trespassing Charges in New York: Your Legal Guide

Introduction

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.

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.