At Trbovich Law Firm, we understand the complexities surrounding criminal trespass cases in Buffalo and throughout Western New York. If you're facing charges related to unlawful entry or remaining on property without permission, it's crucial to seek the guidance of a knowledgeable criminal trespass lawyer. Our dedicated legal professionals are committed to protecting your rights and providing robust representation in criminal trespass cases.
Contact us today for a confidential consultation and take the first step towards protecting your future.
What Constitutes Criminal Trespass in Buffalo?
Criminal trespass is a serious offense in New York State, and the consequences can be severe. As experienced Buffalo criminal defense lawyers, we've helped numerous clients navigate the intricacies of trespass laws. There are various degrees of criminal trespass, each carrying different penalties:
Criminal Trespass in the Third Degree
New York Penal Law § 140.10:
A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property
(a) which is fenced or otherwise enclosed in a manner designed to exclude intruders; or
(b) where the building is used as a public housing project in violation of conspicuously posted rules or regulations governing entry and use thereof; or
(c) located within a city with a population in excess of one million and where the building is used as a public housing project in violation of conspicuously posted rules or regulations governing entry and use thereof; or
(d) located on a right-of-way or yard of a railroad or a rapid transit railroad which has been designated and conspicuously posted as a no-trespass railroad zone.
Criminal trespass in the third degree is a class B misdemeanor.
Criminal Trespass in the Second Degree
New York Penal Law § 140.15:
A person is guilty of criminal trespass in the second degree when:
- he or she knowingly enters or remains unlawfully in a dwelling; or
- being a person required to maintain registration under article six-C of the correction law: (i) he or she enters into or upon school grounds, as defined in subdivision fourteen of section 220.00 of this chapter, or (ii) he or she enters into or upon any other facility or institution, as defined in paragraph (e) of subdivision two of section one hundred sixty-eight-a of the correction law, and such person, prior to such entering, has been designated a level two or level three offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law.
Criminal trespass in the second degree is a class A misdemeanor.
Criminal Trespass in the First Degree
New York Penal Law § 140.17:
A person is guilty of criminal trespass in the first degree when he or she knowingly enters or remains unlawfully in a building or upon real property
(a) while possessing, or knowing that another participant in the crime possesses, an explosive or incendiary device with intent to damage such building or property, or
(b) while possessing, or knowing that another participant in the crime possesses, a deadly weapon or dangerous instrument with intent to use the same unlawfully against another.
Criminal trespass in the first degree is a class D felony.
Penalties for Criminal Trespass Convictions in Buffalo, New York
The penalties for criminal trespass in Buffalo are determined by New York State law and vary based on the degree of the offense.
Criminal Trespass in the Third Degree
Criminal trespass in the third degree is classified as a Class B Misdemeanor. It carries a maximum sentence of up to 3 months and a maximum fine of up to $500.
Criminal Trespass in the Second Degree
Criminal trespass in the second degree is classified as a Class A Misdemeanor. The maximum jail sentence for this offense is up to 1 year, with a maximum fine of up to $1,000.
Criminal Trespass in the First Degree
Criminal trespass in the first degree is the most serious, classified as a Class D Felony. The prison sentence for this offense can range from no jail time in some cases to a maximum of up to 7 years. Fines for this degree can be up to $5,000 or double the amount of the defendant's gain from the crime.
Additional Criminal Trespass Penalty Considerations
In addition to imprisonment and fines, courts may impose other penalties. Probation may be ordered instead of or in addition to imprisonment, lasting up to 3 years for misdemeanors or 5 years for felonies. Courts might also impose a conditional discharge, requiring the defendant to meet certain conditions for a specified period.
Restitution to the victim for damages caused during the trespass may be ordered, and community service is sometimes part of the sentence. Convicted individuals are typically required to pay certain court surcharges and fees.
It's important to note that a conviction results in a criminal record, which can have long-lasting consequences for employment, housing, and other opportunities. For non-citizens, a criminal trespass conviction could potentially affect immigration status.
The actual penalty imposed in any given case can vary widely based on factors such as the specific circumstances of the crime, the defendant's criminal history, and the discretion of the judge. A criminal trespass lawyer can work to minimize these penalties and potentially seek alternative resolutions.
How a Criminal Trespass Lawyer in Buffalo Can Help
When facing criminal charges for trespassing in Buffalo, having a skilled criminal trespass attorney by your side can make a significant difference in the outcome of your case. Here's how a criminal trespass lawyer from Trbovich Law Firm can assist you:
- Case Evaluation: We'll thoroughly review the details of your criminal trespassing case, including the circumstances of the alleged trespass, any evidence presented by the prosecution, and potential witnesses.
- Legal Strategy Development: Based on our assessment, we'll craft a tailored defense strategy aimed at achieving the best possible outcome for your criminal trespassing case.
- Rights Protection: Our criminal defense lawyers will ensure that your constitutional rights are protected throughout the legal process, from arrest to trial.
- Negotiation with Prosecutors: In many cases, we can negotiate with the prosecution to reduce charges or seek alternative resolutions that minimize the impact on your life.
- Court Representation: If your case goes to trial, our criminal trespass attorneys will provide vigorous representation in court, challenging the prosecution's evidence and presenting a strong defense on your behalf.
Defenses Against Buffalo Criminal Trespass Charges
As experienced criminal trespass lawyers, we employ various defense strategies depending on the specifics of your case. Some common defenses include:
- Lack of Intent: Demonstrating that you didn't knowingly or intentionally trespass on the property.
- Permission: Proving that you had explicit or implied permission to be on the property.
- Public Property: Arguing that the area in question was actually open to the public.
- Mistaken Identity: Challenging the prosecution's identification of you as the person who committed the trespass.
- Necessity: Showing that the trespass was necessary due to an emergency or to prevent greater harm.
Our criminal defense lawyers will carefully examine the circumstances of your case to determine the most effective defense strategy.
The Legal Process for Criminal Trespass Cases in Buffalo
Understanding the legal process can help alleviate some of the stress associated with criminal trespass charges. Here's an overview of what you can expect:
- Arrest and Booking: If you're arrested for criminal trespass, you'll be taken to a local police station for booking.
- Arraignment: You'll appear before a judge who will inform you of the charges and ask for your plea. Our criminal trespass attorney will be by your side during this process.
- Pre-Trial Hearings: These may include bail hearings, suppression hearings, or other motions filed by your criminal trespass lawyer.
- Plea Bargaining: Your criminal trespassing attorney may negotiate with the prosecution to reach a plea agreement if it's in your best interest.
- Trial: If a plea agreement isn't reached, your case will proceed to trial, where our criminal defense lawyers will present your case before a judge or jury.
- Sentencing: If convicted, the judge will determine your sentence based on various factors, including the degree of trespass and your prior criminal history.
Throughout this process, having a dedicated criminal trespass lawyer from Trbovich Law Firm can provide invaluable support and guidance.
Why Choose Trbovich Law Firm for Your Criminal Trespass Case
When you're facing criminal trespass charges in Buffalo, choosing the right legal representation is crucial. Here's why Trbovich Law Firm stands out:
- Local Knowledge: Our criminal trespass lawyers have extensive experience in Buffalo courts and understand the local legal landscape.
- Proven Track Record: We've successfully defended numerous clients against criminal trespass charges, achieving favorable outcomes through negotiation and litigation.
- Personalized Approach: We recognize that each case is unique. Our criminal defense lawyers take the time to understand your specific situation and tailor our approach accordingly.
- Comprehensive Support: From the moment you engage our services, we'll be by your side, offering guidance, answering your questions, and advocating for your rights.
- Strong Negotiation Skills: Our criminal trespass attorneys are skilled negotiators, often able to secure reduced charges or alternative resolutions that minimize the impact on our clients' lives.
- Trial Experience: If your case goes to trial, you can trust in our extensive courtroom experience and our ability to present a compelling defense.
What To Do If Charged With Criminal Trespass in Buffalo
Being charged with criminal trespass in Buffalo can be a stressful experience, but knowing the right steps to take can significantly impact the outcome of your case. This guide outlines important actions to consider if you find yourself facing such charges.
Remain Calm and Exercise Your Right to Remain Silent
If you're arrested or charged with criminal trespass, it's crucial to remain calm. Remember that you have the right to remain silent, and it's advisable to exercise this right. Anything you say can be used against you in court, so avoid discussing the incident with law enforcement without an attorney present. Politely inform the officers that you wish to speak with a trespassing lawyer before answering any questions.
Contact a Criminal Trespass Lawyer
One of the most important steps is to contact a criminal trespass lawyer as soon as possible. An experienced attorney can provide crucial guidance, protect your rights, and start building your defense immediately. Many criminal defense attorneys offer free initial consultations, allowing you to discuss your case and understand your options without financial commitment.
Gather and Preserve Evidence
While your lawyer will conduct a thorough investigation, you can assist by gathering any evidence that might be helpful to your case. This could include photographs of the area where the alleged trespass occurred, any communications related to your presence on the property, or contact information for potential witnesses. Be sure to share all of this information with your attorney.
Document Your Recollection of Events
As soon as you're able, write down everything you remember about the incident. Include details about what happened before, during, and after the alleged trespass. This information can be valuable to your lawyer in constructing your defense. However, keep this document private and share it only with your attorney.
Attend All Court Appearances
It's crucial to attend all scheduled court appearances. Failing to show up can result in additional charges or the issuance of a warrant for your arrest. If you have concerns about attending a court date, discuss them with your lawyer immediately.
Follow Your Criminal Defense Lawyer's Advice
Your criminal trespass lawyer will provide guidance tailored to your specific situation. This may include advice on how to interact with law enforcement, what to say (or not say) about your case to others, and steps you can take to strengthen your defense. Following this advice closely can significantly improve your chances of a favorable outcome.
Consider Potential Defenses
There are several potential defenses to criminal trespass charges. These might include lack of intent (you didn't know you were trespassing), having permission to be on the property, or being on public property. Your lawyer will help determine the most appropriate defense strategy based on the specifics of your case.
Understand Plea Bargains
In some cases, your lawyer may negotiate a plea bargain with the prosecution. This could involve pleading guilty to a lesser charge in exchange for a more lenient sentence. While this can be a good option in some situations, it's important to understand all the implications before accepting any plea deal.
Prepare for Potential Outcomes
While your lawyer will work hard to achieve the best possible outcome, it's important to be prepared for various possibilities. These could range from dismissal of charges to conviction and sentencing. Understanding the potential outcomes can help you make informed decisions throughout the legal process.
Protect Your Rights - Contact a Buffalo Criminal Trespass Lawyer Today
If you're facing criminal trespass charges in Buffalo, don't wait to seek legal help. The experienced criminal trespass lawyers at Trbovich Law Firm are ready to defend your rights and fight for the best possible outcome in your case. Contact us today for a confidential consultation and take the first step towards protecting your future.
Buffalo Criminal Trespass Lawyer FAQs
How long does a criminal trespass case typically take to resolve in Buffalo?
The duration of a criminal trespass case can vary significantly depending on the complexity of the case and the court's schedule. Simple cases might be resolved in a few months, while more complex cases could take a year or longer. Your criminal trespass lawyer can provide a more accurate timeline based on the specifics of your case.
Can a criminal trespass charge in Buffalo be expunged from my record?
New York State, including Buffalo, does not have an expungement process. However, certain criminal records can be sealed under specific circumstances. A criminal trespass lawyer can advise you on whether your case might be eligible for sealing and guide you through the process if applicable.
What if I didn't know I was trespassing? Can I still be convicted?
Criminal trespass generally requires that you knowingly entered or remained unlawfully on the property. If you genuinely didn't know you were trespassing, this could be a valid defense. However, the specifics of your case matter, and a criminal trespass lawyer can help you understand how this defense might apply to your situation.
Are there any alternatives to going to trial for a criminal trespass charge in Buffalo?
Yes, there are often alternatives to trial. These may include plea bargains, diversion programs, or community service arrangements. The availability of these options depends on the specifics of your case, your criminal history, and the prosecutor's willingness to negotiate. A criminal trespass lawyer can explore these alternatives on your behalf.
How might a criminal trespass conviction affect my employment prospects in Buffalo?
A criminal trespass conviction can potentially impact your employment prospects, particularly for jobs that require background checks. Some employers may be hesitant to hire individuals with criminal records. However, New York has "ban the box" laws that prohibit employers from asking about criminal history on job applications. A criminal trespass lawyer can advise you on how to address your conviction in job searches and interviews.
If I'm from out of state but was charged with criminal trespass in Buffalo, do I need a local lawyer?
While not strictly necessary, hiring a local Buffalo criminal trespass lawyer is often advantageous. They'll be familiar with local courts, prosecutors, and procedures, which can be beneficial to your case. Additionally, they can appear on your behalf for certain proceedings, potentially reducing the number of times you need to travel to Buffalo.
Can a property owner press criminal trespass charges against me in Buffalo even if they initially gave me permission to be there?
Yes, this is possible. If a property owner revokes your permission to be on their property and you refuse to leave, you could be charged with criminal trespass. However, the circumstances surrounding the permission and its revocation can be crucial to your defense. A criminal trespass lawyer can help you navigate these complexities.
How does bail work for criminal trespass charges in Buffalo?
New York, including Buffalo, has implemented bail reform laws that eliminate cash bail for most misdemeanors and non-violent felonies, which typically includes criminal trespass charges. In most cases, you'll be released on your own recognizance. However, the judge may set non-monetary conditions for your release. A criminal trespass lawyer can explain how these laws apply to your specific situation.
If I'm a student in Buffalo, how might a criminal trespass charge affect my academic status?
A criminal trespass charge could potentially impact your academic status, depending on your school's policies. Some institutions have codes of conduct that include off-campus behavior. A conviction could lead to disciplinary action, including suspension or expulsion in severe cases. It's crucial to inform your criminal trespass lawyer if you're a student so they can consider this factor in your defense strategy.
Can I refuse a plea deal for a criminal trespass charge in Buffalo?
Yes, you have the right to refuse any plea deal offered by the prosecution. Your criminal trespass lawyer will advise you on the pros and cons of accepting or rejecting a plea deal based on the strength of your case and the potential outcomes. Ultimately, the decision to accept or reject a plea deal is yours to make.
