Criminal trespassing and its special circumstances

On Behalf of | Jan 3, 2022 | Criminal Defense, Criminal History |

Several New York statutes focus on the protection of private property. If you face trespass charges, the prosecutor must prove that you not only entered the property of another individual but that you did it purposefully. However, if he cannot show intent, you might avoid a conviction.

According to Casetext, a person is guilty of trespass if the individual enters or remains on the premises unlawfully. “Premises” may refer to a building or any real property. You may face up to 15 days in jail if the judge finds you guilty. However, a trespass charge often accompanies more serious criminal charges.

What is criminal trespassing?

Criminal trespass in the third degree is a class B misdemeanor. It involves two parts. One part is unlawfully entering and remaining on a property. The second part is that the property is one of the following:

  • A railroad yard
  • A school or camp
  • A housing project

If a fence or other enclosure meant to prevent intruders exists around the property, it may become a class B misdemeanor. If a sex offender trespasses on school grounds or remains overnight, it may increase to a class A misdemeanor. The crime might become a class D felony if weapons are present.

What are special circumstances?

If your landlord evicted you and you when back without permission, you could face trespassing charges. It is also trespassing if you enter part of a public building that is not open to the public or enter the property after withdrawn or revoked permission. This may happen if you go to a workplace after a termination notice.

A misdemeanor or felony can affect your job, relationships with loved ones, where you can live and eligibility for a loan. Understanding New York trespassing laws and how circumstances affect your case is an essential part of minimizing the impact of a conviction or avoiding it altogether.