Trespass Violation Summons
Trespass under New York Penal Law 140.05 is considered a "violation" instead of a criminal offense. Under this statute, a a person can be accused of Trespass when it is alleged that the person knowingly entered or remained, unlawfully in or upon premises.
Where a police officer has probable cause to believe that a person has committed a violation, the decision to issue a summons as opposed to making an arrest is within the officer's discretion. Most trespass violations result in a pink summons in New York City.
New York Trespass Violation Summons Attorney
If you were arrested or issued a summons for trespass under New York Penal Law 140.05, then contact an experienced criminal defense attorney. Rochelle Berliner represents clients charged with trespass in New York City, including Queens, Manhattan, The Bronx, and Manhattan.
NY Trespass Information Center
- Definitions under New York's Trespass Statute
- Trespass on Land
- Trespass on a Premises Open to the Public
- Knowledge Requirement of the Trespass Violation
The term premises is defined as any real property including a building, dwelling, structure, or vehicle. A building can consist of two or more units separately secured or occupied. Each such unit is deemed both a separate building in itself and a part of the main building.
Under New York's law regarding trespass as a violation a person enters or remains unlawfully in or upon a premises when that person has no license or privilege to enter or remain in or upon such premises. To have no license or privilege to enter or remain means to have no right, permission or authority to do so.
New York law provides that a person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to such person by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner.
A person who, regardless of his or her intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he or she defies a lawful order not to enter or remain, personally communicated to him or her by the owner of such premises or other authorized person.
A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public.
The trespass violation statute in New York requires that the person knows or is aware that he or she is entering or remaining in or upon such premises without license or privilege to do so.
Finding a Qualified Attorney in Queens, NY, for a Trespass Violation
If you have been charged with trespassing anywhere in New York City, make sure that you immediately seek legal counsel. Law Office handles all kinds of property crimes.
Queens criminal defense lawyer Rochelle S. Berliner represents clients in such areas as the Bronx, Manhattan, and Brooklyn. Call or submit an online form to set up of a free, confidential consultation.
- Property Crimes