Criminal Defense Lawyers

NY Penal Law § 140.05: Trespass

There are a number of laws in New York that are in place to protect people’s private property. That is the purpose of the trespass laws. To enter onto another person’s property or remain on another person’s property without that person’s permission is against the law . If you do this, you would get charged with trespass under New York Penal Law section 140.05. In order to prove to the court that you violated the trespass statute, the prosecutor must demonstrate that:

1. You entered or stayed on the property of another individual and
2. You did so consciously

For Example

Bob and Lavinia were dating at one time. The entire course of their relationship was tumultuous. Finally, Lavinia broke it off with Bob. Bob made a few attempts to reunite with Lavinia, but she was not interested in getting back with him. One day, Bob turned up at Lavinia’s home. He came into her yard, strolled up to her door and rang the bell. Lavinia came to the door and told Bob to go away. Bob refused to leave. In this scenario, Bob could be charged with trespass, since he knew that he did not have Lavinia’s permission to remain on her property, but refused to leave.

Offenses that are Related

Criminal trespass in the third degree: New York Penal Law section 140.10

Criminal trespass in the second degree: New York Penal Law section 140.15

Criminal trespass in the first degree: New York Penal Law section 140.17

Burglary in the third degree: New York Penal Law section 140.20

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

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2024-03-15

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Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-28

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divesh patel

2024-02-24

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Possible Defenses

In order to have illegally trespassed onto another person’s property, according to the statute, you must have the intent to do so. If the prosecutor cannot establish that you did have such intent, then you have a solid defense against a trespass charge. Also, if you had been invited onto the property and you were never asked to leave, then you have a plausible defense against a trespass charge.

The Sentence

Due to the fact that trespass is a violation and not a misdemeanor or a felony, if you violate New York Penal Law section 140.05, The judge could sentence you  to up to 15 days in jail. That said, since it is not a crime, no conviction will go on your criminal record