NYC Criminal Trespassing Lawyers
Individuals who are facing a criminal conviction in New York should contact a skilled criminal defense attorney as soon as possible for legal guidance and representation. Criminal defense attorneys with expertise in criminal trespassing laws can provide valuable assistance and protect an individual’s constitutional rights.
It doesn’t matter if an individual trespassed at a business, home, or any other type of property, it is illegal to enter another individual’s property without permission. In New York, there are several ways an individual can be charged with criminal trespassing. There are many factors that can determine how an individual will be charged, which may include past criminal record, if he or she had a weapon, and the type of building involved with the occurrence. According to New York Penal Law 140.00(5), an individual who enters or stays on another individual’s property in an unlawful manner is trespassing.
Although an individual’s case may not be won, there have been many trespassing cases that have resulted in a charge reduction or a complete dismissal of the case. The outcome of a trespassing charge will depend on several factors surrounding each case. A criminal defense attorney understands how to obtain and review evidence in a trespassing case and can help his or her client take the best course of action.
With any criminal case, it is required by law for police officers to adhere to certain procedures during an arrest, and the United States Constitution protects individual’s rights from illegal search and seizure under the Fourth Amendment. Although law enforcement officials strive to perform their duties according to the law, there are times with police officers violate an individual’s Constitutional rights by failing to follow the required procedures. One example may include situations where police officials fail to have reasonable cause or suspicion to detain a suspect, which is illegal. Law enforcement officials must be able to directly state the facts that warranted probable cause to detain a suspect. When police officials improperly detain an individual, the chances of a dismissal significantly increase and a conviction is far less likely.
In addition, law enforcement officials are also mandated to inform suspects of specific rights when he or she has been detained and questioned, which is commonly known to as Miranda rights. When a police officer does not properly inform an individual of these rights, any evidence that was gathered by law enforcement will probably be deemed as invalid evidence and will not be used in court. Those who feel their Miranda rights were violated should contact a criminal defense attorney to determine if any Constitutional rights were violated by the police officer.
Moreover, to be convicted of trespassing in New York, a prosecutor must prove beyond a reasonable doubt that an individual was trespassing, which can be difficult when the suspect has an experienced criminal defense attorney. A New York trespassing lawyer can ensure that a prosecutor is held accountable for providing sufficient evidence for a conviction. There have been many cases where skilled criminal defense lawyers prove reasonable doubt through rebuttal evidence, which significantly increases the chances of a positive outcome.
It is important to note that a criminal defense trespassing lawyer can represent an individual though each step of a trespassing case, which includes immediately following the arrest, the investigation period, pretrial, trial, appeal, and post conviction. A criminal defense attorney can be extremely helpful at every stage in the process because he or she can file motions, object to evidence, and strategically question witnesses on behalf of his or her client.
When an individual has been arrested, and his or her charges are still pending, a criminal defense attorney can help decide if the best option is entering a plea offer that will quickly settle the case. If an individual facing trespassing charges wants to enter a plea offer, it is imperative that he or she has a criminal defense attorney by their side. In addition, a criminal trespassing attorney can help individuals gain an understanding of the possible consequences that can be associated with different options, such as a plea offer, and better prepare individuals for every possible outcome.
In New York, one of the most commonly used defense strategies of a criminal trespass charge is that the accused actually had permission to enter the building. An example may include an individual who was given permission to be on the property, but a security guard was unaware of this, so the individual is arrested for trespassing. In these circumstances, a criminal defense attorney can have the charges dropped by presenting evidence that confirms the defendant was allowed on the property.
If an individual has been charged with criminal trespassing in New York, it is serious and may result in serious penalties that include incarceration and fines. Moreover, a trespassing conviction usually means the defendant will have to participate in a post-release probation program for a specific amount of time.
Criminal trespassing is a very serious offense. If you are tried for criminal trespassing, you will be in jeopardy of being charged with a misdemeanor or felony. In the event that theft occurred during the trespassing, you may be charged with that as well. Whatever your specific situation, it is best to seek out the assistance of an expert defense lawyer from Spodek Law Group to help you win your case.
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If You are Charged with Criminal Trespass
Many people that face criminal trespassing charges are first-time offenders and have no experience dealing with these types of allegations. The truth of the matter is that as soon as you find yourself on the wrong side of the law, you need to contact an attorney immediately.
Our attorneys at Spodek Law Group will work to fight against any convictions or penalties that you may be facing. When it comes to criminal trespass, the details of the crime can quickly elevate the situation from a mere misdemeanor to a serious felony. Only an experienced attorney will be able to understand what these allegations mean, as they do everything in their power to see that you are acquitted.
By speaking with a defense attorney from Spodek Law Group immediately, you’ll be able to determine the long-lasting effect that a criminal record will have on your life. Those effects may result in jail time or a few hours of community service, depending on the quality of your defense team. This is why it is so important to protect yourself by hiring an experienced lawyer.
The Charges of Trespass
In New York, trespassing can take the form of various charges:
1.Trespass 140.05
This charge of trespassing involves the accused illegally entering or lingering on the premises. However, this is only a violation.
2. Third-Degree criminal Trespass 140.10
When charged with criminal trespass, the accused illegally entered another person’s property or illegally entered the building. With this criminal charge, the prosecution must prove that the accused knowingly entered and remained on the following type of property: a public housing project, a rapid transit railroad or railroad yard, elementary school, secondary school, or day camp, or a property with a fence around it.
3. Second-Degree criminal Trespass 140.15
The accused can be charged with these allegations if they have entered another individual’s home or residence without prior permission. In order for this charge to go from a misdemeanor to a conviction, the prosecution must show that the accused chose to remain illegally inside the home.
4. First-Degree criminal Trespass 140.17
When charged with first-degree criminal trespass, a deadly weapon must be involved. If the accused has knowingly illegally entered and remained inside a building while either possessing a weapon or knowing that another person involved in the crime possesses a weapon, it is likely that the charge will be elevated to the first degree.
Whatever the charges against you, hiring an experienced criminal trespass attorney from Spodek Law Group is in the best interest of the case as well as your future. Decide today that you will do all you can to fight for yourself. Having someone that you trust in your corner at the trial will make all the difference when a verdict is decided. With the right attorney, you’ll know that your right is being protected.
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If you are charged with criminal trespass, then it will be considered either a misdemeanor or a felony depending on the nature of the incident and other actions that were involved when the crime was committed. Most misdemeanor trespass charges have a sentence of up to one year in jail attached to them. However, your attorney can sometimes enter a plea deal or challenge the charges to show that you had permission to be on the property. This would sometimes mean that your charges are reduced or you receive a lesser sentence. However, a felony criminal trespass charge often results in a sentence of over a year in prison.
In order to be charged with criminal trespass, you have to knowingly enter someone else’s property without that person’s permission. The reasons behind entering the property and whether any kind of weapon was used during the trespass will often have an impact your sentence and whether the charge is a misdemeanor or a felony. Trespass becomes a burglary charge if you planned to commit or actually committed another crime while on the property.
There are different degrees of criminal trespass that you need to think about before going to court so that you’re prepared for the sentencing phase. Your attorney can look at the evidence against you to try to have your charges reduced depending on whether anything was taken from the property or whether you knew or didn’t know that you were supposed to be on the property. Third-degree trespass is considered a misdemeanor and is punishable by up to a year in prison. However, most people convicted of this crime spend about three months in jail and pay fines of about $500. Elements of third-degree trespass include the property being a school, a home in a housing project, property of another person, or property that is enclosed.
Second-degree trespass is also considered a misdemeanor, but there are a few other components involved that could result in a longer time in jail and higher fines. This trespass charge involves entering the property of someone else and knowing that you were not supposed to be there. An example would be if an ex-spouse told you not to enter the property and you decided to go to the home anyway. Sentencing could result in up to a year in prison and fines that are usually about $1,000. You could also be put on probation when you are released from prison. First-degree trespass is considered a felony. This crime involves entering and staying on someone’s property after being told to leave. It can also involve a weapon or know that someone else who is committing the crime with you has a weapon. First-degree trespass also involves entering a public building or property that is open to other people.
Although criminal trespass might not seem like a big issue if you are charged with a misdemeanor, it can still reflect negatively on your background. Consult with an attorney who can assist you in showing any proof that you had permission to be on the property or that you were not the one who was on the property in the first place.