New York Penal Law 140.17 - Criminal Trespass in the First Degree

Criminal trespass in the first degree is a felony offense in New York that involves unlawfully entering or remaining on someone else's property while possessing a deadly weapon, explosives, or firearm. This article will explain the key elements of NY Penal Law 140.17, potential defenses, penalties, and related information in an easy-to-understand way.

What is Criminal Trespass in the First Degree?

Under New York Penal Law 140.17, a person commits criminal trespass in the first degree when they:

• Knowingly enter or remain unlawfully on someone else's property
• While committing the trespass, they:
  • Possess a deadly weapon, explosives, or firearm
  • Know that another participant in the crime possesses a firearm

This charge is more serious than regular trespass because it involves the added element of a weapon, making the unlawful entry more dangerous.

Elements of Criminal Trespass 1st Degree

To be convicted under NY Penal Law 140.17, the prosecution must prove these elements beyond a reasonable doubt:

1. The defendant knowingly entered or remained unlawfully on the property or in the building of another person
2. The defendant knew they did not have license or privilege to be on the property
3. While committing the trespass, the defendant either:
   • Possessed a deadly weapon, explosives, or firearm, OR
   • Knew that another participant in the crime possessed a firearm

The trespass element requires the prosecution to show the defendant was not authorized to enter or remain on the property. This could include entering a home, business, or other building without permission from the owner. The deadly weapon or firearm element escalates the charge to a felony. Under New York law, deadly weapons include things like knives, daggers, metal knuckles, and loaded firearms capable of firing a shot. A defendant's knowledge of another participant having a firearm also satisfies this element.

Penalties & Sentencing Guidelines

Criminal trespass in the first degree is a Class D felony under New York law. Potential penalties include:

• Up to 7 years in prison
• Up to $5,000 in fines
• Probation up to 5 years

Sentencing guidelines take into account the defendant's criminal history. For example, with no prior felonies in the past 10 years, sentences often range from probation to 2-4 years in prison. Defendants with 1 prior felony may face 3-6 years imprisonment .

Related Offenses

Prosecutors often charge criminal trespass 1st degree alongside other related offenses like:

• Trespass - Knowingly entering or remaining unlawfully on property without a weapon (NY Penal Law 140.05)
• Criminal Trespass 2nd Degree - Unlawful entry into a dwelling (NY Penal Law 140.15)
• Burglary 3rd Degree - Unlawful entry into a building with intent to commit a crime inside (NY Penal Law 140.20)

These related charges address the underlying trespass without the added weapons element.

Possible Defenses

Several legal defenses may apply in fighting criminal trespass 1st degree charges:

• No unlawful entry - Argue the defendant had permission or authority to enter the property, negating the trespass element
• No weapon - Defendant did not actually possess a weapon or know about another participant having one
• Misidentification - Defendant was not the actual trespasser in question
• Innocent intent - Unlawful entry was made by accident or under innocent circumstances due to a misunderstanding

An experienced criminal defense attorney can evaluate the evidence and determine if any defenses apply in a particular case.

Examples of Criminal Trespass 1st Degree

Some examples of circumstances that could lead to NY Penal Law 140.17 charges include:

• Entering an unlocked house while carrying a knife or other deadly weapon
• Remaining on private commercial property after being told to leave while possessing metal knuckles
• Entering a non-public area of a building along with another person who has a concealed handgun
• Refusing to leave a retail store when told while having an explosive device

Even if the weapon is not displayed or used, merely possessing it during an unlawful trespass can trigger felony charges and harsh penalties.

Conclusion

Criminal trespass in the first degree is one of the most serious trespassing offenses in New York. The combination of unlawful entry onto property and possession of a deadly weapon makes it a Class D felony. Defendants face potential prison time and a criminal record. The complexities of trespassing law and available defenses underscore the importance of retaining an experienced NY criminal defense lawyer. With an in-depth understanding of Penal Law 140.17 and trespassing statutes, skilled legal counsel can often negotiate reduced charges or outright dismissals.