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NY criminal code, punishment and sentence for 2nd degree criminal trespass

Schenectady, NY |
Attorney answers 1


Its always complicated to answer what seems like a simple question - "what can I get for ..." because criminal law is not as clear cut as folks might think. Crim trespass 2nd Degree is a class A misdemeanor punishable by up to a year in jail, $1,000 fine, 3 years probation.. But if it is your first arrest, it is highly unusual to receive jail time for a misdemeanor trespass which are usually plea bargained down to a lower offense, like simple trespass. SImple trespass is a violation and not a crime and usually comes with a fine and maybe community service. To raise it from simple trespass to criminal trespass 2nd degree, the person charged must knowingly and unlawfully enter or remain on premises and the premises must be a dwelling. A dwelling is defined as a building which is usually occupied by a person lodging therein at night (though under the law it can include a motor vehicle a trailer ) Your prior criminal background and your explanation for why you were in someone's dwelling may also help you avoid any harsh results from this charge. There can be many defenses to trespass which would allow you to obtain an acquittal or dismissal. Speak with a local area criminal defense lawyer