Long Island Lawyer Representing Clients Accused of Trespassing in Nassau County
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 are the different types of trespassing charges in New York?
New York law recognizes several levels of trespassing offenses depending on the circumstances:
- Trespass – a violation involving unlawful entry onto property
- Criminal trespass in the third degree – typically a Class B misdemeanor involving entry onto enclosed or restricted property
- Criminal trespass in the second degree – a Class A misdemeanor involving unlawful entry into a dwelling
- Criminal trespass in the first degree – a felony offense involving unlawful entry into a building while possessing a weapon or dangerous instrument
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.
Can you be Arrested for Trespassing Even if the Property Was Open?
Yes. A person can still face trespassing charges even if the property was open or unlocked if they did not have permission to be there. Entering or remaining on property without authorization from the owner or someone with authority over the premises may still qualify as trespassing under New York law.
Can a Trespassing Charge be Dismissed?
Yes. In some cases, a trespassing charge may be dismissed depending on the evidence and circumstances surrounding the incident. Possible defenses may involve permission to be on the property, lack of intent, mistaken identity, or insufficient proof that the defendant knowingly remained unlawfully on the premises. Courts may also resolve some cases through reduced charges or alternative outcomes depending on the facts.
How do I Find a Trespassing Lawyer Near Me?
To find a trespassing lawyer near you, search for a criminal defense attorney experienced in handling trespass, criminal trespass, and other property-related offenses in your area. Review law firm experience, attorney credentials, and client feedback, confirm the lawyer regularly defends violation, misdemeanor, and felony trespassing charges, and schedule a case evaluation to discuss your case.
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.
How Much Do Nassau County Trespassing Defense Attorneys Cost?
One of the first questions that may cross your mind is, “How much will a Trespassing defense lawyer cost?” The answer to this question can vary depending on a number of factors, including the complexity of the case, the severity of the criminal charges, and the attorney’s experience in criminal law.
More complex cases involving serious crimes will require more of your attorney’s time, which means these cases will typically cost more than less serious offenses.
Trespassing defense attorneys usually charge flat fees for their legal services. Most attorneys charge a flat fee to handle pre-litigation matters and another flat fee if the case goes to hearings or trial.
Nassau County, Long Island, NY, is not the place to “Price Shop” for a Trespassing defense attorney. If you do that, you risk making a life-altering mistake that will haunt you forever. If a law firm charges less, always ask yourself the reason why they are a “Budget” law firm.
4 Reasons You Should Hire The Law Firm of Gianni Karmily, PLLC As Your Nassau County Trespassing Defense Attorney
1) LIFELONG TRESPASSING DEFENSE ATTORNEY
Gianni Karmily is a lifelong trespassing defense attorney serving Nassau County, Long Island, New York. His legal career has been dedicated to defending individuals accused of crimes and protecting the rights of people facing trespassing prosecution.
Unlike attorneys who begin their careers representing the government before transitioning into private trespassing defense, Gianni Karmily has developed his professional experience from the trespassing defense side of the justice system. His defense experience began before he became an attorney. While attending law school, Gianni served as an intern for the Public Defender’s Office at the Legal Aid and Defender Association in Detroit, Michigan, gaining firsthand experience defending individuals accused of trespassing offenses.
After returning to Nassau County, Long Island, New York, Gianni dedicated his practice to trespassing defense litigation and the representation of individuals facing trespassing charges. His practice encompasses the defense of individuals accused of a broad range of trespassing offenses, including DWI and DUI-related offenses, hit and run, assault, domestic violence, larceny, theft, drug crimes, weapons offenses, traffic-related crimes, white-collar crimes, and other misdemeanor and felony charges.
Gianni’s practice is centered on New York trespassing defense, New York Penal Law, Vehicle & Traffic Law, Trespassing Procedure Law, constitutional advocacy, trespassing litigation, and protecting the rights of the accused. His defense-focused experience provides an operational perspective on trespassing cases that is centered on identifying weaknesses in the government’s case, challenging evidence, examining investigative procedures, and determining whether constitutional or procedural issues may affect the prosecution.
Depending on the circumstances of a particular case, trespassing defense representation may involve Fourth Amendment issues, search and seizure, suppression motions, unlawful searches, unlawful stops, probable cause, evidentiary challenges, procedural violations, constitutional defenses, and challenges to the sufficiency of the government’s evidence.
There is a natural advantage to an attorney you hire who has not been on the prosecution side because they have a totally different mindset not susceptible to institutional bias, which makes you subconsciously conditioned to think in a certain way and accept certain things that could put your client in peril.
A lifelong trespassing defense attorney develops what can be described as aggressive skepticism—an active approach to questioning allegations, scrutinizing evidence, challenging assumptions, examining police and investigative procedures, and determining whether the prosecution can establish every element required to prove the charged offense. Overall, the ability to challenge authority and the trespassing justice system as a whole is a core component that distinguishes trespassing defense attorneys who have practiced exclusively on the defense side from those who spent part of their careers doing the opposite—prosecuting cases and putting people in jail.
With more than 10 years of exclusive trespassing defense experience, the distinction is straightforward: Gianni Karmily is a trespassing defense attorney whose professional identity is built around defending the accused. Trespassing defense is not a secondary practice area or a recent transition from prosecution to private practice. It is the focus of his legal career.
2) DIRECT ACCESS TO GIANNI KARMILY
Gianni Karmily is the principal attorney of the Law Firm of Gianni Karmily, PLLC. Clients facing trespassing charges in Nassau County have direct access to the attorney responsible for their representation.
A trespassing defense case should not be routinely passed from one attorney to another or from one paralegal to another without consistent attorney involvement. Gianni remains directly involved in the important aspects of each representation, including court appearances, case updates, client questions, evaluation of trespassing charges, review of available evidence, and defense strategy.
Direct access means that the attorney defending the case maintains firsthand knowledge of the client’s circumstances, allegations, procedural history, legal issues, and potential defenses.
Gianni also regularly works with other experienced trespassing defense attorneys, legal professionals, investigators, and other experts from different backgrounds when a particular case would benefit from additional experience or specialized knowledge. This allows the firm to maintain direct attorney involvement while also drawing upon additional resources when appropriate.
For individuals accused of a trespassing offense in Nassau County, Long Island, New York, direct communication with the principal attorney is an important part of the trespassing defense process that our firm does not take lightly.
3) LIMIT NUMBER OF CASES
The Law Firm of Gianni Karmily, PLLC limits the number of trespassing defense cases it accepts each month so that each client receives individualized attention and Gianni can dedicate the time necessary to develop a thorough defense without cutting any corners.
The firm does not approach trespassing defense as a high-volume process. Each trespassing case requires an examination of its specific facts, allegations, evidence, procedural history, and applicable New York law.
Limiting the number of cases allows Gianni to dedicate adequate time to:
- Understanding the specific circumstances of the client’s case.
- Reviewing the trespassing allegations and available evidence.
- Identifying potential constitutional and procedural issues.
- Evaluating applicable New York trespassing laws.
- Investigating potential defenses.
- Communicating directly with the client.
- Preparing adequately for court appearances.
- Developing an individualized defense strategy.
- Pursuing an appropriate resolution based on the facts and circumstances of the case.
4) OFFICE LOCATED STEPS AWAY FROM THE NASSAU COUNTY COURTHOUSE
The Law Firm of Gianni Karmily, PLLC has offices located steps away from the Nassau County Courthouse, placing Gianni Karmily and his trespassing defense practice immediately next to the courthouse where many Nassau County trespassing matters are handled.
For a trespassing defense client, having an attorney’s office steps away from the Nassau County Courthouse provides practical benefits throughout the representation. Trespassing cases involve arraignments, court appearances, conferences, hearings, motions, plea proceedings, compliance appearances, and trials, depending on the charges and circumstances of the case.
The firm’s proximity makes it convenient for clients to meet directly with trespassing defense attorney Gianni Karmily before or after court proceedings, discuss developments in their case, review important legal issues, and communicate with Gianni when court-related matters arise.
For clients who may have multiple court appearances throughout a trespassing case, having their attorney’s office steps away from the Nassau County Courthouse can also reduce unnecessary travel between the courthouse and their attorney’s office. It provides a convenient, easily accessible location for attorney-client meetings before or after proceedings.
For a person searching for a Nassau County trespassing defense attorney, the combination of a lifelong focus on trespassing defense, direct attorney access, and an office located steps away from the Nassau County Courthouse provides a direct connection between the attorney, the client, and the local court system.
Schedule A Case Evaluation With Our Trespassing Attorney on Long Island
Have you been accused of trespassing on 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 confidential case evaluation with the Law Firm of Gianni Karmily, PLLC, call our Great Neck office at (516) 630-3405 or our Hempstead office at (516) 614-4228.
