Trespass

Definition of Trespassing in New York

Trespassing is a serious offense in New York that can lead to legal repercussions. Whether intentional or not, entering or remaining on someone else’s property without permission is considered trespassing. Trespassing laws protect property owners’ rights and prevent unwanted intrusions.

Suppose you find yourself facing trespassing charges in New York. In that case, it is vital to seek legal representation to protect your rights and avoid the severe consequences that can come with a conviction. The experienced criminal defense attorneys at Viscosi Law understand the complexities of trespassing laws in New York and are dedicated to fighting for the best possible outcome for their clients.

Trespassing charges in New York can range from simple violations to more serious misdemeanors and felonies, depending on the circumstances of the offense. Some common examples of trespassing include entering a property without permission, refusing to leave a property after being asked, and damaging property while trespassing.

Certain circumstances can escalate the charges of a trespassing offense. For example, if the trespasser is armed, carries explosives, or causes damage, the charges can be more severe. Additionally, if the property owner had previously notified the trespasser of the restricted access or had posted warning signs, the charges could also be more serious.

If you have been charged with trespassing in New York, the consequences can be severe, ranging from fines to jail time. However, with the help of experienced criminal defense attorneys at Viscosi Law, you can fight these charges and minimize the impact on your life. The attorneys at Viscosi Law will thoroughly investigate the circumstances surrounding your case and work to build a strong defense on your behalf.

Don’t let a trespassing charge ruin your future. Contact Viscosi Law today to schedule a consultation and learn more about how they can help protect your rights and minimize the consequences of a trespassing charge in New York.

Types of Trespassing

In New York, there are several types of trespassing charges that an individual can face. These charges vary depending on the circumstances surrounding the trespassing and the location of the offense. Here are some of the most common types of trespassing charges in New York:

Criminal Trespass in the Third Degree

Criminal Trespass in the Third Degree is a criminal offense in New York that occurs when an individual enters or remains unlawfully on someone else’s property. This offense is considered the least serious of the three degrees of criminal Trespass in New York, but it can still result in serious legal consequences.

Under New York law, Criminal Trespass in the Third Degree is defined as knowingly entering or remaining unlawfully in a building or on real property, which is fenced or enclosed in a manner designed to exclude intruders. Additionally, it can also apply to an individual who enters a school building or grounds unlawfully, after being forbidden to do so.

This charge is considered a class B misdemeanor in New York, which means that a conviction can result in up to three months in jail, a fine of up to $500, or both. The severity of the punishment can depend on a variety of factors, including the circumstances of the offense and the individual’s prior criminal record.

Criminal Trespass in the Second Degree

Criminal Trespass in the Second Degree is a crime in New York that occurs when an individual knowingly enters or remains unlawfully in a building or upon real property. The individual must have had knowledge that they were not authorized or licensed to enter the building or remain on the property.

Criminal Trespass in the Second Degree is a Class A misdemeanor offense, which is punishable by up to one year in jail and a fine of up to $1,000. In addition to the criminal penalties, a person convicted of this offense may also face a civil lawsuit for any damages they caused while trespassing.

Examples of situations that could result in charge of Criminal Trespass in the Second Degree include entering a building or property that has been clearly marked as off-limits or posted with no trespassing signs or remaining on a property after being asked to leave by the owner or a person authorized to act on their behalf.

Even if an individual did not commit any other crime while trespassing, they could still be charged with Criminal Trespass in the Second Degree if they did not have the legal right to be on the property. If the individual has a prior criminal record, their sentence may be enhanced, and they may face additional penalties.

Criminal Trespass in the First Degree

Criminal Trespass in the First Degree is a criminal offense in New York that involves entering or remaining in a building unlawfully with the intent to commit a crime. This crime is considered more serious than Criminal Trespass in the Second or Third Degree because it involves higher intent and carries harsher penalties.

Under New York law, a person can be charged with Criminal Trespass in the First Degree if they knowingly enter or remain unlawfully in a building and either:

Possess an explosive or deadly weapon; or
Use or threaten to use a dangerous instrument.

A “dangerous instrument” is any object capable of causing death or serious physical injury, such as a firearm, knife, or blunt object. If a person is found guilty of Criminal Trespass in the First Degree, they could face a class D felony, which carries a potential prison sentence of up to 7 years.

A person can also be charged with Criminal Trespass in the First Degree if they enter a building intending to commit a felony, and cause physical injury to another person who is not a participant in the crime. This is considered an aggravating factor and can result in even harsher penalties.

Aggravated Trespass

Aggravated Trespass is a criminal offense in New York that occurs when someone unlawfully enters or remains on a property with the intent to commit a crime, and the property is a dwelling (a place where people live, such as a house or apartment) or the offender has been previously ordered to stay away from the property.

Under New York law, Aggravated Trespass is classified as a misdemeanor, which carries a maximum penalty of up to one year in jail and a fine of up to $1,000. However, suppose the offender was previously convicted of Aggravated Trespass within the past five years. In that case, the charge is elevated to a Class E felony, which carries a maximum penalty of up to four years in prison and a fine of up to $5,000.

Aggravated Trespass can be difficult to defend against, as it often involves situations where the defendant has a history of previous trespassing or has been ordered by a court to stay away from a particular property.

Trespassing on Railroad Property

Trespassing on Railroad Property is a specific crime in New York, which prohibits individuals from entering or remaining on railroad tracks, yards, or other property owned or leased by a railroad company without permission or lawful authority. This includes both intentional and unintentional intrusion on the property.

Trespassing on Railroad Property is a misdemeanor offense in New York, punishable by a fine of up to $500 and/or up to three months in jail for a first offense. A second or subsequent offense is punishable by a fine of up to $1,000 and/or up to one year in jail.

In addition to these criminal penalties, individuals convicted of Trespassing on Railroad Property may be subject to civil penalties, including fines and damages for any harm caused to the property or any equipment on the property.

Each case is unique, and the specific charges and penalties can vary depending on the circumstances of the offense.

Possible Sentences for Trespassing

The possible sentences for trespassing in New York vary depending on the specific circumstances of the offense, as well as the defendant’s criminal history and other factors. here is a detailed list of possible sentences one could face for trespassing in New York:

Criminal Trespass in the Third Degree: This is a Class B misdemeanor and is punishable by up to 90 days in jail and/or a fine of up to $500.
Criminal Trespass in the Second Degree: This is a Class A misdemeanor and is punishable by up to one year in jail and/or a fine of up to $1,000.
Criminal Trespass in the First Degree: This is a Class D felony and is punishable by up to seven years in prison and/or a fine of up to $5,000.
Aggravated Trespass: This is a Class A misdemeanor and is punishable by up to one year in jail and/or a fine of up to $1,000.
Trespassing on Railroad Property: This is a Class B misdemeanor and is punishable by up to 90 days in jail and/or a fine of up to $500.

The actual sentence for trespassing will depend on various factors, including the severity of the offense, the defendant’s criminal history, and any mitigating or aggravating circumstances. In addition, a defendant may be ordered to pay restitution for any damages caused by their trespassing.

Possible Defenses For Trespassing Charges

Here are some possible defenses for trespassing charges in New York:

Consent: If the property owner permitted the defendant to be on their property, it can be a strong defense against a trespassing charge.
Mistake: If the defendant mistakenly believed they were allowed to be on the property, they may have a defense against the charge. For example, if the property owner did not mark the boundaries of their property, it may be difficult for the defendant to know if they were trespassing.
Lack of knowledge: In some cases, the defendant may not have known they were trespassing. For example, if they followed a map or GPS directions and unintentionally ended up on a private property, they may be able to argue that they did not knowingly trespass.
Necessity: If the defendant entered the property for a necessary reason, such as to avoid harm or help someone in danger, they might have a defense against the charge.
Lack of intent: If the defendant did not intend to trespass, they might be able to argue that they accidentally entered the property or did not realize they were trespassing.
Ownership dispute: In some cases, the defendant may have believed that they owned the property or had a right to be on it due to a property ownership dispute.

Specific defenses available will depend on the circumstances of each case. A skilled criminal defense attorney can review the facts of the case and determine the most effective defense strategy.

When to Call Viscosi Law

If you are facing a trespass charge in New York, seeking legal guidance as soon as possible is essential. Contacting one of our experienced criminal defense attorneys at Viscosi Law can be beneficial for several reasons.

Firstly, an attorney can review the specific circumstances of your case and identify potential defenses that may be available to you. They can assess the strength of the prosecution’s case against you and help you understand the potential consequences of the charges you are facing.

Secondly, an attorney can guide you through the legal process and ensure that your rights are protected. They can represent you in court and negotiate with the prosecutor to seek the best possible outcome in your case. Finally, an attorney can provide emotional support and reduce the stress and uncertainty that often comes with criminal charges. They can answer your questions and keep you informed throughout the legal process.

At Viscosi Law, we have experience representing clients facing various criminal charges, including trespassing. We understand the complexities of New York’s criminal justice system and have the knowledge and expertise to provide the highest legal representation. If you face a trespass charge in Florida, do not hesitate to contact Viscosi Law. We are committed to protecting your rights, fighting for your best interests, and achieving the best possible outcome in your case.