When it comes to trespassing, New York’s criminal law classifies the charges in degrees, based on several factors. Elements including whether the trespasser used a weapon and where the trespass took place create different consequences. Here’s what you should know about penalties for criminal trespass.

Your Guide to Criminal Trespassing

First Degree

Criminal law attorneys know first-degree criminal trespass is the most serious of New York’s trespassing statutes. First-degree trespass is a Class D felony and it applies to incidents in which a gun or deadly weapon, such as an explosive, is involved. For first time offenders, there is no mandatory minimum sentence, but the court can impose up to seven years in prison. Alternative sentencing can include jail with probation and fines.

Second Degree

Second-degree trespass is a class A misdemeanor offense. Individuals who trespass into a home or a residence without permission will be charged with second-degree criminal trespass. Courts can order convicted individuals to serve up to one year in jail. There is no mandatory minimum sentence, and alternative sentences include straight probation, jail with probation, fines, community service, and conditional discharge.

Third Degree

Third-degree criminal trespass is a class B misdemeanor. This charge given to individuals who enter a property that is fenced off or barricaded to prohibit outsiders from entering, as well as unlawfully remaining inside a building.  If convicted, individuals face sentences of up to 90 days in jail, and the court may order probation or impose a fine. Criminal law attorneys ensure the individual receives the fairest charge, as this is the lesser serious charge of all three. 

The criminal law attorneys at Ozman Law Offices, in Orange County, NY, know trespassing convictions in New York carry consequences that affect the convicted person for years after the case ends. The firm’s experienced and effective criminal defense attorneys fight hard on behalf of their clients. To make an appointment for an initial consultation with one of the firm’s dedicated lawyers, call (845) 778-7777 today. To see a list of their services, visit their website.