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Criminal Trespass Lawyer in New York City

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Aggressive Defense for New Yorkers Facing Criminal Trespass Charges

If you have been charged with criminal trespass in New York City, you need an experienced defense attorney to protect your rights and help you navigate the complexities of New York Penal Law. At The Law Offices of Mehdi Essmidi, P.L.L.C., we understand the gravity of criminal trespassing charges and have a proven track record of successfully handling criminal trespassing cases. As a former NYC prosecutor and skilled criminal defense attorney, Mehdi Essmidi has the knowledge and experience to advocate effectively on your behalf. Contact us today for a free consultation.

What is Criminal Trespass?

Criminal trespass is an offense defined by New York Penal Law, where a person knowingly enters or remains unlawfully on another person’s real property without permission. New York criminal trespass charges can range from a civil violation to a felony offense, depending on the circumstances and the specific degree of trespass involved.

Degrees of Criminal Trespass in New York

Under New York Penal Law, there are three degrees of criminal trespass: third degree, second degree, and first degree. Each degree carries different penalties and is based on specific factors, as outlined below.

Third Degree Criminal Trespass (New York Penal Law 140.10)

Trespass in the third degree is a class B misdemeanor punishable by up to three months in jail. This charge applies when a person knowingly enters or remains unlawfully in a building or upon real property that is fenced or otherwise designed to exclude intruders (such as a railroad yard, school, or public housing project).

Second Degree Criminal Trespass (New York Penal Law 140.15)

Trespass in the second degree is a class A misdemeanor punishable by up to one year in jail. This charge is applicable when a person knowingly enters or remains unlawfully in a dwelling (a place where people live, such as a house or apartment). In addition, if the trespass occurs in a public housing project, it is considered second degree trespass.

First Degree Criminal Trespass (New York Penal Law 140.17)

Trespass in the first degree is a class D felony, with a maximum sentence of up to seven years in prison. This is the most serious degree of criminal trespass and occurs when a person knowingly enters or remains unlawfully in a building and possesses an explosive or deadly weapon, or when the trespasser has a prior conviction for drug possession or use within the building.

Defending Against Criminal Trespass Charges in New York City

Being charged with criminal trespass can have a significant impact on your life, with potential consequences including fines, probation, and even imprisonment. It is crucial to have an experienced defense attorney like Mehdi Essmidi and his legal team on your side to develop a strong defense strategy.

Possible defenses for criminal trespass charges in New York City include:

  1. Lack of intent: The prosecution must prove beyond a reasonable doubt that you knowingly entered or remained unlawfully on someone else’s property. If your attorney can demonstrate that you did not knowingly commit the trespass or had a valid reason to believe you were allowed on the property, the charges may be dismissed or reduced.
  2. No trespass notice: If you were not given a trespass notice or the property was not clearly marked to exclude intruders, your attorney may be able to argue that you did not knowingly commit a trespass.
  3. Mistake of fact: If you mistakenly believed you had the right to be on the property, your attorney may be able to use this as a defense to the criminal trespass charges.

FAQs about Criminal Trespass in New York City

What is the difference between a misdemeanor and a felony criminal trespass charge in New York?

A misdemeanor criminal trespass charge, such as third-degree trespass or second-degree trespass, is considered a less severe offense than a felony criminal trespass charge, like first-degree trespass. Misdemeanor trespass charges carry lesser penalties, including shorter jail sentences and smaller fines, compared to felony trespass charges, which can result in longer prison sentences and higher fines.

What should I do if I have been charged with criminal trespass in New York City?

If you have been charged with criminal trespass, it is crucial to contact an experienced criminal defense attorney, like Mehdi Essmidi, as soon as possible. A knowledgeable lawyer will review your case, help you understand your legal options, and develop a strong defense strategy tailored to your situation.

Can a criminal trespass charge be reduced or dismissed?

Yes, it is possible for a criminal trespass charge to be reduced or dismissed, depending on the circumstances of your case and the quality of your legal representation. An experienced criminal trespass lawyer may be able to negotiate with the prosecution to reduce the charges or present a compelling defense that leads to the dismissal of the charges.

Can I be charged with criminal trespass if I entered someone else’s property by mistake?

To be convicted of criminal trespass, the prosecution must prove that you knowingly entered or remained unlawfully on someone else’s property. If your attorney can demonstrate that you entered the property by mistake or did not knowingly commit a trespass, the charges may be dismissed or reduced.

How can an experienced criminal trespass lawyer help me if I have been charged with trespassing?

An experienced criminal trespass lawyer can provide invaluable assistance in your case by reviewing the evidence, identifying potential weaknesses in the prosecution’s case, and developing a strong defense strategy. They can also negotiate with the prosecution for a reduction or dismissal of charges, represent you in court, and, if necessary, handle any appeals. By working with an experienced criminal trespass lawyer, you increase your chances of achieving a favorable outcome in your case.

Free Consultation with an Experienced Criminal Trespass Lawyer

If you or a loved one has been charged with criminal trespass in New York City, do not face the legal system alone. Contact the experienced legal team at The Law Offices of Mehdi Essmidi, P.L.L.C. for a free consultation to discuss your case and understand your options. As a former NYC prosecutor and skilled criminal defense attorney, Mehdi Essmidi has the knowledge and experience to help you navigate the complexities of New York law and provide the best possible defense against criminal trespass charges. Contact us today for a free consultation.