Criminal trespass is a charge that comes with varying degrees of penalties depending on the specifics of the case and the charges. Despite the lower levels of criminal trespass being a relatively minor offense, you would be wise to defend yourself against any kind of charge. Keeping criminal trespass off of your permanent record will be a good thing for your life going forward, so working with an attorney that is capable of standing up for you in court is in your best interest.
There are three degrees of criminal trespass under the laws of the state of New York. All deal with the accused individual being in a place where they are not supposed to be, or have been asked to leave from.
Criminal Trespass in the Third Degree
While there are various sub-definitions of criminal trespass in the third degree, the basic definition is as follows -
“A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property.”
The basic, third degree criminal trespass charge is a class B misdemeanor, and will often require no jail time for a conviction.
Criminal Trespass in the Second Degree
For the upgraded charge of criminal trespass in the second degree, a person must knowingly enter or remain in a dwelling without the permission of the owner. This charge is a class A misdemeanor and can be punished by up to one year in prison.
Criminal Trespass in the First Degree
First degree criminal trespass is committed when a person commits second degree criminal trespass while -
- Possessing an explosive or deadly weapon
- Possessing a firearm, rifle, or shotgun
- Knowing that another participant is possessing a firearm, rifle, or shotgun
The charge of first degree criminal trespass is a class D felony that could potential return a sentence of up to seven years in prison.
If you are being charged with any degree of criminal trespass, contact the offices of David Galison today. Our staff will be happy to provide you with a free consultation and speak with you regarding the details of your case. We look forward to the opportunity to serve you.