Arrested for Trespassing in Buffalo, NY? Getting the Charges Dismissed

Arrested for Trespassing in Buffalo, NY? How to Get the Charges Dismissed

Getting arrested for trespassing can be scary. Even if you feel the charges are unfair, defending yourself in court can be intimidating. This article will walk you through what to do if you get arrested for trespassing in Buffalo, NY. We’ll cover the common defenses used and what your options are for getting the charges dismissed.

What is Trespassing in Buffalo?

In New York, trespassing refers to unlawfully entering or remaining on someone else’s property without permission. There are different levels of trespassing charges in NY:

• Trespass – A violation, for simply being on private property without permission.
• Criminal Trespass 3rd Degree – A class B misdemeanor, for unlawfully entering a building or enclosed property.
• Criminal Trespass 2nd Degree – A class A misdemeanor, for unlawfully entering a dwelling.

In Buffalo, trespassing charges often occur when someone enters a vacant property, remains in a business after being told to leave, or refuses to leave a school or government building when asked. Even public parks in Buffalo have hours and rules you must follow.

What are the Penalties for Trespassing in Buffalo?

The penalties for trespassing depend on the severity of the charges:

• Trespass – Up to 15 days in jail and a max $250 fine.
• Criminal Trespass 3rd Degree – Up to 1 year in jail and up to a $1,000 fine.
• Criminal Trespass 2nd Degree – Up to 1 year in jail and up to a $1,000 fine.

You may also face probation or community service. The prosecutor typically looks at your criminal history when deciding which penalties to pursue. Get an experienced Buffalo trespassing lawyer to help minimize the consequences.

What are the Defenses for Trespassing Charges?

There are several defenses a Buffalo trespassing attorney may use to get your charges dismissed or reduced. Some common defenses include:

You Had Permission

If the owner or manager gave you permission to be on the property, you weren’t trespassing. Your lawyer will look for proof you had consent, such as past dealings with the owner, witnesses who heard permission given, or flaws in the “No Trespassing” signs.

The Premises Were Open to the Public

If you entered a business during normal hours that was open to the public, you likely weren’t trespassing even if told to leave later. Your lawyer can argue the business invited the public in.

You Made an Innocent Mistake

Mistakenly entering the wrong property or missing a “No Trespassing” sign may get trespassing charges dismissed. Your lawyer will look for evidence you didn’t intend to trespass.

The Police Lacked Probable Cause

If the police arrested you for trespassing without sufficient justification, any evidence found may be excluded. Your lawyer will examine if the police followed proper procedures.

You Were Protesting

Peacefully protesting on public property is a constitutional right. Your lawyer can argue you weren’t trespassing but exercising free speech.

Getting Trespassing Charges Dismissed in Buffalo, NY

While getting arrested is scary, experienced Buffalo criminal defense attorneys can often get trespassing charges reduced or dismissed. Here are some real examples of trespassing cases being dismissed in Buffalo:

Gym Owner Trespassing Charges Dismissed

Robert Dinero, owner of Athletes Unleashed gym in Orchard Park, was charged with criminal trespassing for opening his gym against COVID-19 restrictions in 2021. But the Village Justice dismissed the charges, perhaps swayed by Dinero’s argument he was standing up for small businesses.

Hockey Player’s Trespassing Charges Dropped

NHL player Evander Kane was arrested in Buffalo in 2016 for allegedly trespassing at a bar and harassing women. But a judge dismissed the charges after Kane stayed out of trouble for 6 months. Kane’s lawyer likely argued it was all a misunderstanding.

School Trespassing Conviction Overturned

When Robert Dinero was convicted of trespassing at an Orchard Park elementary school in 2022, his lawyer appealed. They argued Dinero believed the school was public property, and the signs weren’t clear it was closed. The conviction was overturned, showing innocent mistakes can beat trespassing charges.

What to Do If Arrested for Trespassing in Buffalo

If you or a loved one is arrested for trespassing in Buffalo, stay calm and be polite with police. But say as little as possible and ask for a lawyer immediately. Hire an experienced Buffalo criminal defense attorney to represent you. A skilled lawyer can get charges reduced or dismissed. They know how to gather evidence, negotiate with the prosecutor, and defend you in court. Don’t take chances with your future – fight back against trespassing charges with a tough NY defense lawyer.