Long Island Lawyer Representing Clients Accused of Trespassing in Nassau
People have the right to keep unwelcome guests and visitors off of their property. If you violate this right, you could face criminal charges for trespassing in the state of New York. Trespassing may not seem serious—after all, no one was hurt in the commission of the crime—but it carries grave penalties that could affect you for the rest of your life.
Don’t make the mistake of taking trespassing charges lightly. If you’re facing these charges, contact trespassing attorney Gianni Karmily as soon as possible to discuss your case.
What is Trespassing in New York?
There are two different trespassing crimes in the state of New York: trespassing and criminal trespassing. Furthermore, there are three degrees of criminal trespassing that each carry different penalties. It’s important for you to know how these crimes differ so you can gain a deeper understanding of the crime you are being accused of committing.
In New York, trespassing is the crime of knowingly entering or remaining unlawfully on another party’s property. Trespassing is a violation, which is the least serious type of offense.
What is Criminal Trespassing in New York?
Third-degree criminal trespassing is the least serious of the three criminal trespassing offenses. This crime, which is a class B misdemeanor, occurs when someone trespasses on:
- Property that is fenced in or enclosed in an effort to keep intruders out, or
- A building that is used as an elementary school, secondary school, children’s summer camp, or children’s overnight camp, or
- A building that is used as a public housing project, or
- A property that is classified as a “no-trespass railroad zone.”
Second-degree criminal trespassing is a class A misdemeanor. This crime occurs when:
- Someone trespasses on a dwelling, which is a building that is usually occupied by people at night, or
- Someone who is classified as a level two or three sex offender trespasses on a school property with the knowledge that the victim of their sex crime currently attends or previously attended the school.
First-degree criminal trespassing is the most serious trespassing offense in New York. This crime occurs when someone illegally enters or remains in a building while also:
- Possessing or knowing that someone else who is participating in the crime possesses a deadly weapon or explosive device, or
- Possessing or knowing that someone else who is participating in the crime possesses a firearm and ammunition.
The crime of criminal trespassing in the first degree is a class D felony, which makes it the only trespassing charge that is classified as a felony.
What Are the Penalties For Trespassing and Criminal Trespassing in New York?
The penalties for trespassing vary depending on the level of offense. Trespassing is only a violation, which means you cannot receive more than 15 days in jail for this offense. However, you may not receive any jail time at all, depending on the nature of the crime and your prior criminal record.
Third-degree criminal trespassing is a class B misdemeanor that is punishable by up to three months imprisonment or one year of probation. Second-degree criminal trespassing carries a maximum penalty of one year in jail or three years of probation. First-degree criminal trespassing carries the most serious penalties since it is a felony crime. If you are convicted of criminal trespassing in the first degree, you could face up to seven years in prison in addition to up to $5,000 in fines.
How Can An Attorney Fight Trespassing Charges?
The trespassing laws in New York are complex, so it’s important to hire an attorney to help you fight your charges. Gianni Karmily will carefully analyze the details of your case to determine the best way to defend you. Some possible defense strategies include:
- Showing that you did not know another participant in the crime was carrying a firearm, explosive device, or deadly weapon.
- Proving that you were not aware that you were unlawfully on another person’s property.
- Proving that you were not in violation of a personal request to leave the property.
Gianni Karmily is committed to helping you reach the best possible outcome in your case. He will fight to poke holes in the state’s case so they are unable to prove your guilt or have your charges dismissed or reduced.
Schedule A No-Cost Consultation With Our Trespassing Attorney in Long Island
Have you been accused of trespassing in Long Island? If so, seek legal representation from experienced trespassing lawyer Gianni Karmily at Law Firm of Gianni Karmily, PLLC. Gianni understands that a conviction—even for a misdemeanor—can haunt you for the rest of your life. This is what motivates him to aggressively fight for his clients’ freedom. Let him defend you against trespassing or criminal trespassing charges. To schedule a free consultation regarding your case, call 516-630-3405 or fill out the form on this website.