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New York Penal Law § 140.17: Criminal Trespass in the First Degree
What Is New York Penal Law § 140.17: Criminal Trespass in the First Degree?
If you’re reading this, it’s likely you’re worried about what Criminal Trespass in the First Degree means under New York Penal Law § 140.17, and you need clarity—perhaps because your freedom is at stake, and you want a deeper understanding of the charges you might be facing. Our law firm has over 50 years of combined experience handling all types of criminal cases nationwide, but we understand that Criminal Trespass in the First Degree holds its own intricacies which must be recognized, especially if you find yourself at the receiving end of such an accusation. In the state of New York, this is a serious charge – and it’s important to deal with it head on.
Criminal Trespass in the First Degree is a very serious charge. This charge is alleged when someone knowingly enters, or remains unlawfully, in a building—often a dwelling—under circumstances that make the entire situation more serious, such as possessing a deadly weapon, firearm, or explosive device, or when there’s an intent to commit another crime. Our law firm recognizes that, in reality, many people are charged under this statute due to misunderstandings, a series of unfortunate events, or because they’re stuck in an environment they didn’t expect to be in—but prosecutors often don’t look at context first; they look for evidence of trespass and aggravating factors, which is why you need a seasoned legal team. As a result though – there are many possible defenses available to you.
Our New York criminal defense attorneys, who have been interviewed by major news outlets and featured coast to coast, know that every client has a story that deserves to be heard, and that’s precisely why we take a personalized approach. We are here to handle your case, and get you the best possible outcome. We are committed to helping you.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
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!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
Sometimes, these criminal allegations arise from assumptions about your presence in a place you had permission to enter initially, only to have that permission revoked without your knowledge, and yet, the law can still treat you as if you maliciously disregarded property rights. This is one possible defense we can use to help you win your case. In addition, many clients we’ve represented in Criminal Trespass in the First Degree cases have discovered the complexity of the law the hard way; they realize too late that once you’re on the property without permission, and you’re carrying anything that can be construed as a weapon, you’re suddenly facing a felony, not a simple trespass violation. This is something we can work out in court, or with back-channel conversations with prosecutors in order to get the case thrown out, or significantly reduced.
At Spodek Law Group, we pride ourselves on dedicating time and resources to investigating every single aspect of the accusation: the location, circumstances surrounding the entry, the item allegedly in your possession, and the individuals involved—because we know these nuances can mean the difference between a felony conviction and a possible dismissal. Our criminal defense attorneys firmly believe that not every person accused of trespass is intentionally breaking the law; sometimes it’s an honest mistake, or a situation where self-defense or your own safety was at play, and we have a knack for telling that story in a way that courts and prosecutors can understand.
Our criminal defense philosophy is always rooted in making sure you’re treated fairly, and that means scrutinizing the prosecution’s evidence for any missteps, whether it’s an improper search, insufficient proof of unlawful intent, or inconsistent witness statements that can be used to our advantage. Often, Prosecutors overreach and have virtually unlimited resources – which can be used to bully you.
Criminal Trespass in the First Degree
Criminal Trespass in the First Degree is usually classified as a Class D Felony in New York, which can mean a possible prison sentence and hefty fines for you, but we never want our clients to feel doomed; there are 100% legal strategies that can help you avoid these fines and jail time. For example, like challenging the grounds for the arrest, questioning the credibility of the complaining witness, or negotiating a more favorable outcome. The reason our clients trust us with these serious charges is because we handle every stage of the case—from investigation, to motion practice, to trial, if needed—so that nothing slips through the cracks, and you feel fully supported, day or night, by a team that understands the gravity of your situation. Founding partner Todd Spodek is a second generation attorney, who gets it.
We strive to be brutally honest, yet protective: if there’s a way to get charges dropped, we pursue it aggressively; if there’s a route to get the trespass charge reduced, we argue it vigorously; if going to trial is your best bet, we prepare, because your future depends on a comprehensive legal strategy that addresses every minute detail.
If you or a loved one is facing Criminal Trespass in the First Degree charges, we encourage you to reach out for a risk-free consultation—so we can review the facts, understand your perspective, and map out how we can help you get the best possible outcome.
Above all, remember that you’re not alone in this: our criminal defense attorneys are here 24/7, ready to strategize, advocate, and guide you through a complicated legal system, because at our core, we believe everyone deserves a fighting chance to protect their rights and preserve their future.
