Criminal Defense Lawyers

NY Penal Law § 140.10: Criminal Trespass in the Third Degree

No matter if it is someone’s home, business or some other type of property, it is against the law to enter or remain on property that belongs to someone else without having that person’s permission to be there. If you do this, then you will be trespassing. In the New York Penal Law, there are a number of trespass laws. The specific trespassing charge that you would be facing in the event that you are accused of this offense depends on the type of building you enter, whether or not you have a weapon in your possession, and your criminal background.  You will have committed the crime of criminal trespass in the third degree pursuant to New York Penal code section 140.10 if you knowingly enter or remain unlawfully on the property of another, and:

1. The property is enclosed to keep intruders out
2. The property is the premises of as a camp or school
3. The property is a public  housing project
4. The property is a railroad train yard

According to New York Penal Law section 140.00(5), the concept of entering or remaining unlawfully on property is defined as doing so without being licensed or privileged to do so. In plain English, it means being on the property without having permission.

For Example

Theo graduated from High School A in May of 2014. Then, in 2015, he wandered into the school to look around for old time’s sake. In this scenario, Theo could potentially be prosecuted for criminal trespass. Because he is no longer a student at High School A, and he does not appear to have permission to otherwise be on the school property, he is there without license or privilege.

Offenses that are Related

Trespass: New York Penal Law section 140.05

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

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2024-03-21

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2024-03-18

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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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2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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

Possible Defenses

One of the most effective defenses against a charge of criminal trespass is to prove that you have permission to be on the property. For instance, someone in a position of authority may have given you permission to be on the property, but a security guard did not know that this was the case. Over your protests, the security guard could  demand that you leave the premises and even go so far as to have you arrested. In this scenario the trespass charge would have to be dropped.  You can provide evidence that an authority figure at the location granted you permission to be on the premises.

The Sentence

Due to the fact that trespass in the third degree is a class B misdemeanor and not a felony, if you are convicted, The judge could send you to jail for up to 3 months and you may be obligated to pay a fine of up to $500. It is also possible that in lieu of jail, the judge may require you to serve a probation term of 1 year.