A person is charged with criminal trespass in the event that she or he is found guilty of entering or remaining in another person’s property without consent from the owner. Properties include: office buildings, apartments, houses and in some cases aircrafts and automobiles. Legal penalties related to trespassing range from fines to jail term. The penalty depends on whether the charge can be linked to a crime or if a prior history charge exists. Individuals charged with criminal trespass have more than legal penalties to worry about. The constitution clearly outlines the rights of property owners and it seeks to uphold the sanctity of personal property. In light of this, trespassing can have severe consequences. An individual who trespasses may lose the right to complain in the event that they suffer an injury. Worse still, the trespasser could be attacked by dogs or even shot without legal recourse.
Types of Trespass Charges in New York
In New York, a trespass charge can be charged with a civil violation under class B misdemeanor or a first degree class D felony.
Third degree, class B misdemeanor is trespassing on a property under these circumstances.
1. A property that has a fence round it intended to keep intruders off the property,
2. Public housing project,
3. Property being used as an elementary school
4. Property that has a right-of-way
Second degree trespassing is considered a class “A” misdemeanor. This charge is basically an unauthorized entrance into a property such as a residential structure. A second degree trespass is considered a fraction or an absolute liability offense.
Under the New York penal law, first degree trespass is classified under a class “D” felony. This type of trespass involves unauthorized entry under the following circumstances:
1. Possessing a deadly weapon or a firearm with the intent to commit a crime.
2. Remaining on another person’s property illegally
3. Possession of explosives
4. Knowledge that another party to the crime has a weapon
Trespass on Land That is Open to The Public
According to the drafting of the New York’s trespassing laws, trespassing may apply to business or buildings that are generally accessible. For instance, if an individual has been notified that his presence is no longer welcome, then any subsequent visits may be treated as trespassing. Also a privilege to enter a certain part of a building should not be construed to mean access to the entire building has been granted.
Trespass Conviction Penalties
Third degree trespass may attract a conviction of 90 days jail time. Second degree criminal trespass may lead to one year jail term. First degree trespassing mostly attracts a jail term of more than a year. This depends on the realities of the case and existence of prior criminal history.
If you or your loved one has been charged with a criminal trespass charge, your best bet to a favorable ruling is an aggressive defense strategy. This is exactly what Raiser and Kenniff will deliver to your case. With an over 30 years combined experience in criminal law, you can expect them to explore every possible angle to defend you, and who better to defend you than two former prosecutors?
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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