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Understanding the Difference Between Trespass and Criminal Trespass

Understanding the Difference Between Trespass and Criminal Trespass

Navigating Trespass and Criminal Trespass Laws in New York

Imagine walking through a wooded area and unknowingly stepping onto private property. You might be surprised to learn that this simple mistake could lead to a legal dispute. In New York, the distinction between a trespass and a criminal trespass charge is important, as each carries unique implications. A trespass may be an innocent error, while criminal trespass is a serious offense that could result in fines or jail time. Viscosi Law in New York, led by Michael Viscosi, Esq., is well-versed in trespass law and can provide the representation you need if facing these charges.

What is Trespassing?

Trespassing occurs when someone enters or remains on another person’s property without permission. While trespassing may sound minor, it can still have legal consequences. In New York, trespassing is typically categorized as a violation, which may result in a fine and, in some cases, jail time if repeated.

When is Trespassing Considered Innocent?

In some instances, trespassing may be unintentional, such as mistakenly entering private land due to unclear boundaries or lack of signage. Here, proving a lack of intent can be key to defending against the charges. However, any act of entering private property without consent can still open an individual to legal action from the property owner.

What is Criminal Trespass?

Criminal trespass is a more severe charge than simple trespassing. It implies that the trespasser knowingly entered or remained unlawfully on someone else’s property and may have done so with a specific intention, such as committing another crime. Criminal trespass carries stiffer penalties, including misdemeanor or felony charges in New York, which could lead to jail time and larger fines.

Degrees of Criminal Trespass in New York

New York State classifies criminal trespass into different degrees based on the circumstances surrounding the offense:

1. Criminal Trespass in the Third Degree

This is the lowest level of criminal trespass. In New York, a person commits third-degree criminal trespass if they knowingly enter or stay unlawfully on property that is fenced or otherwise designed to exclude intruders, such as a school or public property after hours.

2. Criminal Trespass in the Second Degree

Second-degree criminal trespass involves unlawfully entering or remaining in a building or dwelling. Because it entails entering a private residence or building without permission, it’s a Class A misdemeanor, which can result in up to a year in jail and substantial fines.

3. Criminal Trespass in the First Degree

First-degree criminal trespass is a Class D felony in New York. This charge applies when a person unlawfully enters a building with a dangerous weapon, such as a firearm, or uses or threatens physical violence. This felony carries serious consequences, with potential penalties of up to seven years in prison.

The Legal Ramifications of Trespass vs. Criminal Trespass

The consequences for trespassing are generally lighter than those for criminal trespass. For example, a simple trespass violation might result in a fine or a short jail sentence for repeat offenses. Criminal trespass charges, on the other hand, carry steeper penalties, including potential felony charges and extended prison sentences, especially in cases involving violence or the presence of dangerous weapons.

Why Hiring a Criminal Defense Attorney Matters

If you’re facing trespassing or criminal trespass charges in New York, having a skilled criminal defense attorney on your side can make a significant difference. The attorneys at Viscosi Law have deep knowledge of New York trespass law and can examine the specifics of your case to develop the best possible defense.

How Viscosi Law Can Help

Michael Viscosi, Esq., and his team at Viscosi Law provide the comprehensive legal support needed to handle these complex cases. With years of experience defending individuals against criminal charges in New York, Michael Viscosi and his team can investigate your case, determine potential defenses, and fight to protect your rights in court.

Possible Defenses Against Trespassing Charges

Depending on the specifics of your case, there are several defense strategies a knowledgeable attorney might employ:

  • Lack of Intent: If you unknowingly entered private property, your attorney can argue that you did not intend to trespass.
  • Permission or Consent: If you were under the impression that you had permission to enter the property, this could be a valid defense.
  • Necessity: Entering a property to avoid harm or to assist someone in danger may be considered a valid defense in some cases.

Common Misconceptions about Trespassing and Criminal Trespass

Many people are unaware of how trespassing and criminal trespass differ or misunderstand the severity of each. Here are a few common misconceptions:

  • “I didn’t cause any damage, so I’m not trespassing.” – Trespassing laws are based on entering property without permission, not necessarily causing damage.
  • “Only buildings are protected by trespassing laws.” – In New York, trespassing laws apply to fenced or marked areas, including open land, private yards, and gated areas.
  • “If there’s no sign, I can’t be charged.” – Although signs can make property boundaries clearer, trespassing charges don’t always require signage, particularly if the trespasser knowingly entered restricted areas.

Why Choose Viscosi Law for Trespassing and Criminal Defense

With a team led by Michael Viscosi, Esq., a former Assistant District Attorney and seasoned criminal defense attorney, Viscosi Law brings the expertise necessary to handle even the most complex trespass and criminal trespass cases. Michael Viscosi’s experience as a former prosecutor gives him valuable insight into how the opposition will approach your case, allowing him to prepare a robust defense tailored to protect your rights.

Contact Viscosi Law Today

If you or someone you know is facing trespass or criminal trespass charges in New York, don’t wait to seek legal help. Trespassing laws are complex, and the consequences of a conviction can be severe, impacting your future and freedom. With their extensive legal experience, the team at Viscosi Law is ready to defend your case, protect your rights, and pursue the best possible outcome.

Contact Viscosi Law today at +1 (518) 762-0011, or visit viscosilaw.com to schedule a consultation. Let Michael Viscosi, Esq., and his team stand with you and work tirelessly to help you resolve your legal matters.

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