Criminal Trespass Lawyer New York
In New York, criminal trespass is defined under several statutes, with varying degrees of severity. The act of committing trespass means entering an enclosed area which is private and doing so without permission. While this may not seem to be a serious crime, the prospective penalties beg to differ.
The basic trespass law is outlined in New York Penal Law § 140.05, which states: “A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises”.
This is considered a violation, punishable by up to 15 days in jail and a fine of up to $250.
For more serious offenses, New York law defines three degrees of criminal trespass:
1. Criminal Trespass in the Third Degree (NY Penal Law § 140.10):
This occurs when a person knowingly enters or remains unlawfully in a building or upon real property that is:
– Fenced or enclosed to exclude intruders
– Used as a school or camp
– A public housing project
– A railroad yard
This is a Class B misdemeanor, punishable by up to 90 days in jail.
2. Criminal Trespass in the Second Degree (NY Penal Law § 140.15):
This applies when a person knowingly enters or remains unlawfully in a dwelling[2]. A dwelling is defined as any building usually occupied by someone who lodges there at night. This is a Class A misdemeanor, punishable by up to one year in jail.
3. Criminal Trespass in the First Degree (NY Penal Law § 140.17):
This is the most severe form, occurring when a person knowingly enters or remains unlawfully in a building and:
– Possesses an explosive or deadly weapon
– Possesses a firearm with readily accessible ammunition
– Knows another participant possesses such a weapon
This is a Class D felony, carrying more severe penalties.
These laws are designed to protect private property and public safety, with increasing penalties based on the nature of the trespass and potential danger involved.