New York Trespass Defense Lawyer

In New York, Trespass (or “simple” trespass) is not a crime whereas Criminal Trespass is a crime.  Trespass in New York is classified as a violation.  On the other hand, Criminal Trespass in the 2nd and 3rd degrees are classified as misdemeanors, and Criminal Trespass in the 1st degree is classified as a felony.  In NY, crimes are either misdemeanors or felonies – not violations.

Trespass 

Trespass is a violation and the accused may be issued a summons.  Under § 140.05 of the New York Penal Law, a person is guilty of trespass if he knowingly enters or remains unlawfully in or upon premises.  Even if one is convicted or pleas guilty to trespass, it will not result in a criminal record because as earlier noted, trespass is a violation and not a crime.

Misdemeanor Criminal Trespass 

Misdemeanor criminal trespass is listed under § 140.10 (3rd degree) and § 140.15 (2nd degree) of the New York Penal Law.

A person is guilty of Criminal Trespass in the third degree if:

• He knowingly entered (or remained) on the property of another
• The property is a school or camp
• The property is a railroad yard
• The property is a housing project (and the person violated a personally communicated request to leave)
• The property is enclosed in a manner in which is designed to prevent intruders.

A person can face up to 3 months in jail or a $500 fine. Most first offenders are not usually sentenced to jail and may be offered a plea bargain to the offense of “simple” trespass.  A person is guilty of Criminal Trespass in the second degree if he knowingly enters or remains unlawfully in a dwelling.  If convicted, a person faces up to one year in jail and other penalties.

Felony Criminal Trespass 

A person is guilty of Felony Criminal Trespass under § 140.17 if the person knowingly enters (or remains) unlawfully in a building  and when in the course of committing a crime, he:

• Possesses (or knows that another participant in the crime possesses) a firearm or shotgun; or
• Possesses (or knows that another participant in the crime possesses) an explosive or deadly weapon.

If you or a loved one has been charged with trespass or criminal trespass, immediately contact Attorney Kyce Siddiqi who will provide you competent guidance.  We have offices in Long Island and NYC and are available 7 days a week.