Criminal Defense Lawyers

Criminal Trespass Lawyer

As per New York Penal Law section 120.05, a criminal trespass occurs when one person unlawfully enters or remains on property that is owned or occupied by another person without that other person’s consent. The person who is trespassing must be told to leave the property by somebody with the authority to do so. If a person’s invitation or license to remain on property has been revoked, and that revocation has been clearly communicated to him or her, that invitee or licensee becomes a trespasser. He or she must immediately leave the premises.

Statutory Examples of Trespassing
What constitutes a criminal trespass is expanded upon further by New York Penal Law section 140.10. As per section 140.10, a person can be arrested and found guilty of criminal trespass if he or she has committed any of the following acts:

• He or she entered or remained upon property that was enclosed for purposes of preventing trespassers.
• The person entered or remained on property that is being used as a camp or school.
• He or she entered or remained in a housing project without permission.
• The individual unlawfully entered a railroad yard.

A violation of section 140.10 is a class B misdemeanor and punishable by not more than three months in jail and a fine not to exceed $1,000.

criminal Trespass in the Second Degree
This crime is controlled by New York Penal Code section 140.15. There are two ways that a person can be charged with criminal trespass in the second degree. The first way is when a person pleads guilty or is found guilty of having trespassed inside of a dwelling. By doing so, he or she is guilty of a class A misdemeanor. The second way that a person can be found guilty of the offense is by entering a victim’s school as a registered sex offender. Both offenses are punishable by up to 364 days in jail and a fine of no more than $1,000.

criminal Trespass in the First Degree
Matters get very serious if a person is charged with criminal trespass in the first degree. As per New York Penal Code section 140.17, the crime occurs when a person “unlawfully enters or remains on the property of another, and when in the course of committing that trespass, he or she possesses or knows that another participant in the crime possesses an explosive or deadly weapon.” criminal trespass in the first degree is upgraded from a misdemeanor to a class D felony that is punishable by up to seven years in a state prison and a fine of up to ,000.

Defenses
A misdemeanor or felony conviction can stay with you for the rest of your life. It can get in the way of employment educational and housing opportunities. If you are arrested for criminal trespass, many defenses are available. They include but aren’t limited to permission, knowledge, intent and whether the trespasser was told to leave the property. We will look into those defenses for you and raise one or more of them if applicable.

If you have been arrested for criminal trespassing anywhere in New York City, don’t give the police any kind of a written or oral statement or confession. Whatever you say will only be used against you in the prosecution’s efforts to convict you of the crime in the future. Protect and invoke your rights by contacting our offices at your first opportunity. By doing so, you can arrange for a free consultation and review of the case against you. We promise to listen to you closely and answer your questions. After we’ve had an opportunity to examine all of the evidence in your case, we will advise you on all of your legal options and provide you with our recommendations. Contact a New York City criminal trespass lawyer from our offices right away after any trespassing arrest.

Don’t deal with criminal Trespass Lawyer alone. Speak to the Spodek Law Group today.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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