Criminal trespass in New York is a serious offense that can range from a misdemeanor to a felony and that can result in consequences including fines, probation, and prison time. This is not an offense that should be taken lightly. Criminal trespass does not mean simply cutting across someone’s lawn or dashing through a private alley. Encroaching on land that is not yours, entering a dwelling without permission, and crossing school or housing properties are among the violations that constitute criminal trespass.
If you are arrested for criminal trespass in New York, you should not attempt to handle the charge on your own. You need a highly experienced lawyer who understands the degrees and complexities of this crime. The Law Office of James Medows provides this expertise, and James will dedicate his considerable knowledge and authority to assess the charges, protect your rights, and provide the most favorable outcome possible for your case.
Essentially, criminal trespass means that you have entered someone’s home, vehicle, boat, or other property without permission. But unlawful intrusion also encompasses property that is used as a school or a camp, public housing projects, railroad yards, any area enclosed by a fence or other barrier, and any kind of property posted with a “No Trespassing” sign, even if that area is not secured in any way. New York criminal trespass laws can also include certain public buildings and businesses from which a person has been barred.
For instance, if you harass an office manager or shoplift an item from a department store, you may be instructed to never again come into that place; if you do, you can be charged with criminal trespass. Furthermore, in buildings that are partially open to the public, you are not allowed to go into restricted areas. For example, if you are in a store and see a door marked “Authorized Personnel Only,” you may not legally go into that section of the building.
Still, being charged with criminal trespass does not mean that you are guilty; in fact, you may have crossed a line without even realizing what you have done. But New York laws are strict, so it is vital that you contact the Law Office of James Medows to make sure that your rights are guaranteed and that your case is thoroughly and assiduously investigated.
But there is a further, much deadlier complication to criminal trespass.If a weapon of any kind is involved in criminal trespass, the charges escalate, and the stakes are immensely higher. In this situation, the charge of criminal trespass can easily merge with accusations of burglary, assault, and other severe crimes, so having James to defend you will make an enormous difference in your fate.James will scrutinize the intricate array of charges that criminal trespass as well as potentially related crimes in New York involves, and his extensive experience in this area is critical to your case.
To illustrate this complexity, according to New York penal codes, there are three degrees of criminal trespass charges, with varying punishments:
Criminal trespass in the third degree: This charge means that a person unlawfully enters a building or property that is fenced in or otherwise enclosed, that is a school or children’s camp, that is a school from which the person has been previously ejected, that is a public housing project with posted rules forbidding trespassing or from which the person has personally been forbidden access, or that is a railroad or rapid transit yard with posted rules against trespassing. Third degree criminal trespass is a misdemeanor.
Criminal trespass in the second degree: This charge means that a person unlawfully enters a building; it also means that a person who has in some way harmed a student illegally enters the school that student attends or previously attended unless that person (a) is legally enrolled as a student there, (b) is officially part of a school event, (c) is the parent or legal guardian of the victimized student, (d) is voting because the school is an official polling place, or (e) has been authorized by a school administrator to enter the building. Second degree criminal trespass is a misdemeanor.
Criminal trespass in the first degree: This charge, the most serious, means that a person unlawfully enters a building, commits a crime, and possesses a deadly weapon, including a rifle, shotgun, or explosives, or knows that an accomplice has such a weapon or weapons. The charge also means that the transgressor possesses or has access to ammunition for those weapons. First degree criminal trespass is a felony.
Furthermore, if an intruder possesses any kind of burglary tools designed to force entry into a building or to be used for theft, this possession adds a misdemeanor charge. Another charge arises if an intruder has a device that permits him or her to hear wireless police transmissions—generally known as a police “scanner”—particularly when the information obtained is meant to be used to commit robbery or some other crime.
Clearly, the various degrees of criminal trespass charges involve nuances that require an expert attorney such as James to sort out and address in a manner that best meets your interests and defends your rights. James knows how to distinguish among these gradations and how to most effectively work with other officials involved in the process of developing or amending charges. And should burglary or some other crime tragically meld with the trespass charge, there will be a whole other set of “degrees” to contend with, all depending upon the nature and severity of the crime. You will certainly want to have James on your side to address the various ramifications of those as well, and to work with you for an outcome that could mean the difference between freedom and a lengthy jail sentence.
Having James on your side is the wise choice to make. Not only will he vigorously defend you and work for the best possible outcome of your case, he will stand by you as a loyal and understanding ally. James recognizes the anguish and anxiety that any criminal charge brings, and he will help to assuage those fears. Others will judge you; James will not. If you or a loved one is charged with criminal trespass in Brooklyn, contact the Law Office of James Medows at once so that he can provide the best defense available and also help to restore your peace of mind and to get your life back on track.