Trespass occurs when a person has knowingly entered or unlawfully remained in or on a premises. Trespass on its own is only a violation, but there are three degrees of criminal trespass that a person can be charged with and be facing misdemeanor or felony charges. Our experienced team of New York criminal attorneys have handled many cases where our client was charged with criminal trespass and have been successful in obtaining favorable dispositions for their cases.
The lowest charge for criminal trespass, in the third degree, is a class B misdemeanor so if not handled properly can result in some time behind bars, even if it won’t be lengthy. Our goal regardless is to not have any time served and, in most cases, we are able to do so. This is charged when a person has knowingly entered or unlawfully remained in a building or on property if that building or property is fenced in or enclosed in a way that is designed to exclude intruders. This also applies if the building is an elementary school or secondary school, summer day camp or children’s day camp. If the building is used as a public housing project or consists of a right of way or has been designated as a no-trespass railroad zone, this charge can also apply.
This charge becomes a class A misdemeanor if a person has entered or remained in such a place that is a public or private school of any kind when they have been designated a level two- or three- offender and the victim of the offense either currently or previously attended the school. This section of the law does have a few exemptions, for those who it would normally apply to. If the school is being used as the designated polling place, a person can obtain authorized permission by the chief administrator or superintendent of the school. Other exemptions can also apply if the person accused is also a student of the same school or is the parent of a registered student and they are entering the school for authorized purposes.
Criminal trespass in its highest form is a class D felony. This applies when a person has knowingly entered and unlawfully remained and while in the course of committing a crime they possess or know of another participant who possesses an explosive, deadly weapon or rifle or shotgun that they also possess the ammunition to and the weapon or rifle is capable of discharging the ammunition. For this charge, it is important to note that if more than one person is participating in the crime also involving trespass, if any of the participants possess any of the weapons named above, anyone involved could be charged.
It is important to have the right attorney on your side to help you handle these charges. Call our experienced team of New York criminal attorneys now to discuss your case and what options are available. While even misdemeanor charges are serious, our team has handled these charges successfully for multiple clients in the past and we can do the same for you.