Trespass Attorney

Trespass Defense Attorney in Suffolk County, New York

Being charged with trespass in Suffolk County can result in criminal penalties including jail time, fines, permanent criminal records, orders of protection, and consequences that affect your employment, housing, and future opportunities. While trespass charges may seem less serious than other criminal offenses, they can carry significant penalties, particularly for repeat offenses or aggravated circumstances. Trespass charges often arise from misunderstandings, disputes over property rights, domestic situations, or simply being in the wrong place at the wrong time. Attorney Michael Brown is Suffolk County’s most experienced trespass defense lawyer, with a proven track record of successfully defending clients against all types of trespass charges.

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Understanding Trespass Under New York Law

Trespass offenses in New York are defined under Article 140 of the Penal Law. New York recognizes both criminal trespass (unlawful entry into or remaining on property) and related offenses. Trespass laws protect property owners’ rights to control who enters and remains on their property, whether residential, commercial, or public property with restrictions.

The key elements of trespass offenses generally include:

Unlawfully entering or remaining on property
Knowing that you lack authority or permission to be there
Refusing to leave when asked by authorized persons
Entering or remaining despite posted notices or physical barriers

Trespass charges range from violations to felonies depending on the type of property, the defendant’s intent, and whether aggravating circumstances exist.

Criminal Trespass in the Third Degree

Criminal Trespass in the Third Degree, under New York Penal Law § 140.10, is a Class B misdemeanor. A person is guilty of criminal trespass in the third degree when they knowingly enter or remain unlawfully in a building or upon real property.

This is the most basic and common trespass charge. “Unlawfully” means that you either:

Enter or remain when the premises are not open to the public, or
Enter or remain after being told to leave by authorized persons, or
Enter or remain despite posted “no trespassing” signs or other notice that entry is forbidden

Common scenarios leading to third-degree criminal trespass charges include:

Entering private property after being told to leave
Remaining in stores or businesses after being asked to leave
Entering construction sites or vacant buildings
Being on private property without permission
Entering property despite “no trespassing” signs
Refusing to leave someone’s home or yard when asked

Penalties for Criminal Trespass in the Third Degree:

Jail Time: Up to 90 days in county jail
Fines: Fines and surcharges
Probation: Possible probation
Criminal Record: Permanent misdemeanor conviction
Orders of Protection: Potential orders keeping you away from the property
Employment Consequences: Criminal background checks reveal convictions

Criminal Trespass in the Second Degree

Criminal Trespass in the Second Degree, under New York Penal Law § 140.15, is a Class A misdemeanor. A person is guilty of criminal trespass in the second degree when they:

Knowingly Enter or Remain in a Dwelling: Unlawfully enter or remain in a dwelling. A “dwelling” means a building which is usually occupied by a person lodging therein at night.

This charge applies when someone enters or remains in residential properties including:

Houses and apartments
Hotel rooms
Dormitories
Any building used for overnight lodging

The distinction between second-degree and third-degree trespass is that second-degree involves dwellings—places where people sleep—which the law treats more seriously due to heightened privacy and safety concerns.

Penalties for Criminal Trespass in the Second Degree:

Jail Time: Up to one year in county jail
Fines: Up to $1,000 plus surcharges
Probation: Up to three years of probation
Restitution: Payment for any damages caused
Criminal Record: Permanent Class A misdemeanor conviction
Orders of Protection: Court orders prohibiting contact or proximity to the property
Employment Consequences: Significant impact on employment, particularly positions requiring trust
Immigration Consequences: Potential deportation for non-citizens

Criminal Trespass in the First Degree

Criminal Trespass in the First Degree, under New York Penal Law § 140.17, is a Class D felony. A person is guilty of criminal trespass in the first degree when they knowingly enter or remain unlawfully in a building, and when, in the course of committing such crime, they:

Possess or Know Another Possesses an Explosive or Deadly Weapon: Possess, or know that another participant in the crime possesses, an explosive or a deadly weapon.

This is the most serious trespass charge and applies when trespass is accompanied by possession of weapons or explosives, dramatically escalating the severity of the offense.

Penalties for Criminal Trespass in the First Degree:

Prison Time: 2 to 7 years in state prison
Fines: Up to $5,000 plus surcharges
Probation: Possible in limited circumstances for first-time offenders
Restitution: Payment for damages
Permanent Felony Record: A felony conviction affecting employment, housing, professional licenses, voting rights while incarcerated, and firearm possession rights
Immigration Consequences: High likelihood of deportation for non-citizens

Unlawful Possession of a Radio Device

Under New York Penal Law § 140.40, it is a violation (not a crime) to unlawfully possess a radio device on school grounds. This specialized trespass-related offense prohibits possessing radio devices capable of transmitting or receiving signals on school property without authorization.

Common Trespass Scenarios

Residential Property Trespass

Trespass charges commonly arise from disputes involving residential properties:

Former romantic partners entering or remaining in shared or former residences
Disputes between landlords and tenants
Family members refusing to leave after being asked
Neighbors entering each other’s property
Door-to-door solicitors refusing to leave
Squatters occupying vacant properties

Commercial Property Trespass

Businesses frequently seek trespass charges against:

Shoplifters or individuals previously caught shoplifting who return
Customers who refuse to leave when asked
Protesters or demonstrators on private commercial property
Individuals loitering on business premises
Former employees entering workplaces after termination

Construction Sites and Vacant Properties

Trespass charges often involve:

Urban explorers entering abandoned buildings
Trespassers on construction sites
Homeless individuals seeking shelter in vacant buildings
Vandals or graffiti artists on private property
Photographers or filmmakers entering properties without permission

School and University Trespass

Educational institutions pursue trespass charges against:

Non-students on school grounds without authorization
Suspended or expelled students returning to campus
Parents or visitors refusing to leave when asked
Individuals on school property after hours

Domestic Situations

Many second-degree trespass cases involve domestic contexts:

Refusing to leave a partner’s or ex-partner’s home when asked
Entering a former shared residence after being told not to
Violating informal boundaries in shared living situations
Disputes between cohabitants or family members

Aggravated Trespass

While New York doesn’t have a specific “aggravated trespass” statute, trespass can be aggravated by:

Trespassing while possessing weapons (first-degree criminal trespass)
Trespassing in violation of orders of protection (criminal contempt charges added)
Trespassing to commit other crimes (burglary charges if intent existed)
Repeated trespass at the same location (enhanced sentencing)

Burglary vs. Trespass

It’s critical to understand the difference between trespass and burglary. Burglary under New York Penal Law Article 140 requires:

Unlawful entry or remaining, AND
Intent to commit a crime inside the premises

If you enter property intending to commit theft, assault, or another crime, you’ll be charged with burglary (a much more serious offense) rather than simple trespass. Trespass charges assume you entered without authorization but had no intent to commit crimes beyond the unauthorized entry itself.

Long-Term Consequences of Trespass Convictions

Employment Impact

Trespass convictions affect employment:

Background checks reveal criminal convictions
Some employers view trespass convictions negatively, particularly for positions requiring trustworthiness
Security-related positions may be unavailable
Government employment may be affected
Felony trespass convictions create significant employment barriers

Housing Difficulties

Trespass convictions can create housing problems:

Landlords conducting background checks may deny applications
Trespass convictions suggest potential property violations
Public housing applications may be affected
Roommate and rental situations may be jeopardized

Orders of Protection and Property Restrictions

Trespass convictions often result in:

Orders of protection prohibiting you from specific properties
“Stay away” orders from businesses or locations
Restrictions on where you can go in your community
Violations of these orders resulting in criminal contempt charges

Immigration Consequences

For non-citizens, trespass convictions can have immigration consequences:

Criminal convictions can affect immigration status
Multiple misdemeanor convictions may trigger deportability
Felony trespass convictions significantly increase deportation risk
Convictions affect naturalization applications

Educational Consequences

Students charged with trespass face:

School disciplinary proceedings
Suspension or expulsion from educational institutions
Loss of campus housing
Impact on academic records

Common Defenses to Trespass Charges

As Suffolk County’s most experienced trespass defense attorney, Michael Brown employs effective defense strategies:

Lack of Knowledge

Trespass requires knowingly entering or remaining unlawfully. Attorney Brown demonstrates:

You didn’t know you lacked permission to be there
You reasonably believed you had authority to enter
Property boundaries were unclear or unmarked
You didn’t see “no trespassing” signs
You weren’t aware the owner wanted you to leave

Permission and Authorization

If you had permission to be on the property, this is a complete defense. Attorney Brown establishes:

The owner or authorized person gave you permission to enter
You had a legitimate reason to believe you were authorized
Implied permission existed based on circumstances
The property was open to the public

Necessity and Emergency

Sometimes circumstances justify entering property. Attorney Brown shows:

You entered due to emergency situations
Entry was necessary to avoid greater harm
You sought help or shelter in dangerous situations
Necessity outweighed trespass

Mistake of Fact

If you reasonably but mistakenly believed you had authority, this negates the “knowingly” element. Attorney Brown demonstrates:

You genuinely believed you had permission
Circumstances supported your mistaken belief
The mistake was reasonable under the circumstances

Right of Access

Attorney Brown can establish:

You had a legal right to be on the property (tenant rights, easements, etc.)
You were lawfully exercising rights (serving legal papers, etc.)
Public access was permitted

Insufficient Evidence

Attorney Brown demonstrates:

Evidence is insufficient to prove you were on the property
Identification is unreliable
Prosecution cannot prove you knowingly lacked authority
Witnesses lack credibility

Constitutional Violations

Attorney Brown examines whether:

Arrests were made without probable cause
Searches were unconstitutional
Statements were obtained in violation of Miranda rights
Evidence should be suppressed

First Amendment Protections

In some cases involving protests or demonstrations, Attorney Brown argues:

Your conduct was protected First Amendment activity
Restrictions on access were unconstitutional
Your speech or expression rights were violated

Abandonment of Property

Attorney Brown can show:

Property appeared abandoned
No one was maintaining or occupying the property
Reasonable belief that entry was permitted

Negotiating Favorable Resolutions

Attorney Brown’s experience often results in:

Reduction from misdemeanor to violation
Reduction from felony to misdemeanor
Dismissal in exchange for staying away from property
Adjournment in contemplation of dismissal (ACD)
Plea agreements avoiding jail time and criminal records
Non-criminal resolutions
Agreements protecting immigration status

Five Reasons Attorney Michael Brown Is Your Best Choice for Trespass Defense

Unmatched Experience in Trespass Cases: As Suffolk County’s most experienced trespass defense attorney, Michael Brown has successfully defended hundreds of clients against trespass charges ranging from simple third-degree misdemeanors to serious first-degree felony cases. His extensive experience with every type of trespass scenario—residential, commercial, domestic, and aggravated—provides clients with sophisticated defense strategies based on decades of successful outcomes.
Expertise in Property Rights and Permission Defenses: Trespass cases often hinge on whether defendants had permission or authority to be on property. Attorney Brown has deep expertise in establishing permission defenses, demonstrating reasonable beliefs in authorization, proving property owners gave consent, and showing that circumstances implied permission. His understanding of property law and authorization issues has resulted in numerous dismissals and acquittals.
Strategic Understanding of Knowledge Requirements: Trespass requires knowingly entering or remaining unlawfully—a mens rea element that creates significant defense opportunities. Attorney Brown excels at demonstrating lack of knowledge, proving defendants didn’t know they lacked authority, establishing reasonable mistakes of fact, and showing that “knowingly” cannot be proven beyond reasonable doubt. His expertise with knowledge defenses has achieved favorable outcomes in countless cases.
Understanding of Domestic and Family Dynamics: Many trespass cases involve domestic situations, family disputes, and shared residences where property rights and authorization are ambiguous. Attorney Brown understands the complexities of these situations, knows how to present evidence of shared living arrangements, demonstrates unclear boundaries between parties, and shows that defendants reasonably believed they had authority to be present. His experience with domestic trespass cases protects clients in emotionally charged situations.
Comprehensive Approach to Related Charges: Trespass charges often accompany other charges including criminal contempt (for order of protection violations), harassment, stalking, or burglary. Attorney Brown provides comprehensive defense addressing all related charges, understands how trespass charges interact with orders of protection and family court proceedings, and coordinates defense strategies across multiple cases to protect clients’ overall interests.

What to Do If You’re Charged with Trespass

Exercise Your Right to Remain Silent: Do not explain to police why you were on the property or try to justify your presence. State: “I want to speak with my attorney and I am exercising my right to remain silent.”

Request an Attorney Immediately: Clearly invoke your right to counsel.

Do Not Return to the Property: If charged with trespass, do not return to the property for any reason, even if you believe you have authorization. Any return can result in additional charges.

Preserve Evidence: If you have evidence supporting your permission to be on the property (text messages, emails, witness information), preserve it and provide it only to your attorney.

Document Your Recollection: Write down everything you remember about why you were on the property, who gave you permission, what signs you saw, and all circumstances surrounding the incident.

Do Not Contact Property Owners: Do not attempt to contact property owners to explain or apologize. Such contact can result in additional charges.

Comply with Any Orders: If orders of protection or stay-away orders are issued, comply strictly with all terms.

Contact Attorney Michael Brown Immediately: Trespass cases move quickly and can result in orders keeping you away from important locations. Early legal intervention can protect your rights and achieve favorable outcomes. Attorney Brown needs to begin immediately preserving evidence, investigating circumstances, and developing your defense strategy.

Your Rights and Freedom Are Worth Protecting

While trespass charges may seem minor compared to other criminal offenses, they carry real consequences including jail time, criminal records, and restrictions on where you can go. Many trespass cases involve misunderstandings about permission, unclear property boundaries, or situations where defendants reasonably believed they had authority to be present.

Trespass charges are defensible. With experienced legal representation, many defendants achieve dismissals, reductions to violations, or non-criminal resolutions that protect their records and their futures.

You need Suffolk County’s most experienced trespass defense lawyer—someone who has successfully defended hundreds of trespass cases, who understands permission and knowledge defenses, who can negotiate favorable resolutions, and who will fight to protect your rights and your freedom.

Contact Attorney Michael Brown today for a confidential consultation about your trespass case. Don’t let trespass charges result in a criminal record or restrictions on your freedom. Let Suffolk County’s most experienced trespass defense attorney put his expertise and experience to work protecting you and fighting for the best possible outcome in your case.