Braunfotel & Frendel LLC
Schedule Your Free Consultation
888-787-5668

Defining the crime of trespass in New York


Previously on this blog we have discussed burglary and arson as types of property crimes in New York. In this post we are going to explore the definition of the property crime of trespass.


Per New York Penal Code article 140, a person commits criminal trespass if they enter the premises of another's property knowingly and stay there unlawfully. New York law defines premises to include buildings. Buildings include any sort of watercraft, vehicle or structure that a person may lodge in overnight or that a person may use as a part of their business. It also includes motor trucks and schools. In the case of apartment or condominium complexes, each unit is considered both as a part of the entire complex and also as an individual building.

Also, under New York law, a person unlawfully enters or remains on another's premises when he or she does not have the privilege or license to be there. Under certain circumstances this could include public premises if the person has a lawful order against him or her disallowing him or her to be there. If a building is only partially open to the public, this gives a person the right only to remain on the part of the property that is public property, and not any other parts.

Trespass may seem like an inconsequential crime, but it can be a very serious matter with consequences ranging from misdemeanors to felonies. In a future post we will discuss the differences between third-degree trespass, second-degree trespass and first-degree trespass. In the meantime, those who have been accused of committing trespass may want to seek legal help, in order to better understand what these criminal charges entail.

No Comments

Leave a comment
Comment Information
Tell Us How We Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response
Our Office Location
  • Braunfotel & Frendel LLC
    49 Maple Avenue
    New City, New York 10956

    Toll Free: 888-787-5668
    Phone: 845-521-7835
    Fax: 845-634-7710
    New City Law Office Map

Office Map