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.
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.