Whenever you face criminal charges, it makes an immediate impact on your life. The charges can affect your work, family and friends. In order to properly deal with these charges, you should hire a good lawyer. A good lawyer will fight to makes sure that you are properly represented in court and treated fairly. Over the course of this article, I’m going to tell you all about trespassing laws, in NYC, and help you be prepared if you ever face criminal prosecution.
What Is Considered Trespassing in NYC?
Knowing what trespassing is will help you be prepared for trial. In New York City, trespassing is when someone commits unauthorized entry into a facility or onto a property. There are several forms of trespassing and they all have a unique set criteria and punishments.
What Is First-Degree Trespassing?
First-degree trespassing is the most severe form of trespassing and comes with the harshest penalties. What distinguishes first-degree trespassing from other forms of trespassing is that first-degree trespassing is when you trespass with a deadly weapon and the other forms of trespassing don’t involve a deadly weapon. Having said that, there are many ways to commit first degree trespassing. The first way you can commit first degree trespassing is by going into a fenced off property without permission. The second way that you can commit first-degree trespassing is by going to a housing project without permission. Another way that you can commit first-degree trespassing is by going into a closed elementary school without permission. The fourth way that you can commit first-degree trespassing is by spending time on railroad tracks without permission. You may also face first degree trespassing charges if you are at a place that is open to the public. For example, if you are in a museum and the management tells you to leave and you refuse, you are susceptible to first-degree trespassing charges. First-degree trespassing is a class D felony and is punishable by a stay in prison.
What Is Second-Degree Trespassing?
Second-degree trespassing is a lesser charge then first-degree trespassing. It is a class A misdemeanor and is punishable by up to one year in jail. The main difference between first-degree trespassing and second degree trespassing is that second-degree trespassing doesn’t involve a deadly weapon. Second-degree trespassing also requires that you enter a dwelling without being authorized. This means that trespassing onto a schools playground isn’t second-degree trespassing, but going into the actual building is. You can also commit second-degree trespassing by going into someones house without permission or into a business without permission.
What Is Third-Degree Trespassing?
Third-degree trespassing is the lowest charge available for trespassing. Third-degree trespassing is a class B misdemeanor and is punishable by up to 90 days in jail. One way you commit third-degree trespassing is by going to a housing project without permission. Another way to commit third-degree trespassing is by hanging around an elementary school without permission. A third way to commit third-degree trespassing is by spending time around property with a right-of-way without permission. You can also commit third-degree trespassing by entering any property that is fenced off without permission.
What Are the Requirements to Convict Someone of Trespassing in NYC?
In order for someone to be convicted of any form of trespassing, the prosecutor needs to provide substantial evidence that the trespassing actually occurred. One form of evidence that trespassing actually occurred is video evidence of the trespassing. A second form of evidence that trespassing occurred is eye-witness statements. Another form of evidence that trespassing occurred is crime scene forensics.
Tsigler Law Is Here to Help You
In this article, I have told you all about trespassing in New York City. I have told you what first-degree trespassing, second-degree trespassing and third degree trespassing is and what the punishments are for each form of trespassing. With that being said, if you are ever in legal trouble then please contact Tsigler Law. We have helped many people with their legal troubles and can help you too.