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New York Penal Law § 140.05: Trespass

New York Penal Law § 140.05: Trespass

The private property of the residents who live in New York is protected by many laws that are in place in the state. Trespass is among the laws that you could be charged with if you make the decision to invade someone’s property without the person’s permission. You can also be charged with trespass in New York if you are on someone’s property and are asked to leave and choose to remain there. The prosecution has a few elements to prove before you would be convicted of trespass. These include entering or remaining on property that is not your own and knowingly committing these acts.

A couple, Jason and Lisa, dated for some time. After a few events that took place during the relationship, Lisa finally decided to end things with Jason. He tried to contact her several times after she broke up with him, but she ignored his requests and tried to stay away from him as much as possible. Jason went to Lisa’s home one day and rang her doorbell. When Lisa answered the door, she told Jason to leave her property. Jason didn’t leave and stayed at her home after he was told to go away. At this point, trespassing charges could be filed against Jason since he knew that Lisa didn’t want him on her property and since he was told by Lisa to go away.

Some of the related charges could include third-degree and second-degree criminal trespass depending on the exact situation. Burglary is a charge that could stem from trespass if items are stolen while in the commission of the crime.

One of the components of trespass that must be met is that you need to have an intent to go to another property. A defense that could be used is that you didn’t intend to go to the property in question. An example would be if you were with someone else and the other person took you to the location without your knowledge. If the property owner invited you to the home and you can prove that the person didn’t ask that you leave, then you could use that defense in court. An attorney can look at all of the details of the situation to determine the best defense possible.

Fortunately, trespass isn’t considered a misdemeanor or a felony because it’s classified as a violation in New York. This means that you could be sentenced to spend time in jail for up to 15 days. If you don’t have a criminal background, then it’s often possible to receive probation instead of a jail sentence. This violation won’t go on your criminal background because it’s not a felony or misdemeanor. However, if there were other crimes committed during the act of trespass, then these charges could result in a longer jail sentence, fines, and the information staying on your criminal record. Keep in mind that you would need to have an intent to enter the property or stay on the property to be charged with trespass.

Even though trespass might not seem as though it would be a serious violation, there are a few other charges that could result if there is enough evidence, which is why it’s beneficial to seek the assistance of an attorney. There are few people who want to spend even 15 days in jail. An attorney can approach the court to request that you don’t go to jail and that you receive a different type of sentence, especially if you haven’t committed other crimes and if you have close ties to the community. When you consult with an attorney, you should have the information needed about how you arrived on the property and your reason for staying there.

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