Criminal Defense Attorney David Sachs successfully argued to the Westchester County District Attorney’s Office to withdraw a Criminal Trespass charge pending against his client in the White Plains City Court. David’s client was arrested for the crime of Criminal Trespass at a housing unit located in White Plains, New York. The police were on-site investigating a crime when they approached David’s client and asked for the client’s name, address, and purpose for being at the location. The client refused to provide the requested information to the police. After a quick investigation, it was determined that the client was not the individual involved in the police investigation. However, the police continued to demand the client’s name, address, and purpose for being at the location. The police threatened to arrest David’s client, and while Attorney Sachs asserted their Constitutional Rights, the police arrested his client for Criminal Trespass anyway.
Criminal Trespass is a Crime in New York
Criminal trespass can be a serious crime ranging from a class B misdemeanor to a class D felony. According to The Consolidated Laws of New York, chapter 40, criminal trespass charges can range from a class B misdemeanor to a class D felony. The law states for states:
140.10 Criminal Trespass in the Third Degree
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 utilized as an elementary or secondary school or a children's overnight camp as defined in section one thousand three hundred ninety-two of the public health law or a summer day camp as defined in section one thousand three hundred ninety-two of the public health law 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 or real property is utilized as an elementary or secondary school in violation of a personally communicated request to leave the premises from a principal, custodian or other person in charge thereof; or
(d) located outside of a city with a population in excess of one million and where the building or real property is utilized as an elementary or secondary school in violation of a personally communicated request to leave the premises from a principal, custodian, school board member or trustee, or other person in charge thereof; or
(e) where the building is used as a public housing project in violation of conspicuously posted rules or regulations governing entry and use thereof; or
(f) where a building is used as a public housing project in violation of a personally communicated request to leave the premises from a housing police officer or other person in charge thereof; or
(g) where the property consists of a right-of-way or yard of a railroad or rapid transit railroad which has been designated and conspicuously posted as a no-trespass railroad zone. [1]
Criminal trespass in the third degree is a class B misdemeanor.
§ 140.15 Criminal Trespass in the Second Degree.
A person is guilty of criminal trespass in the second degree when:
1. he or she knowingly enters or remains unlawfully in a dwelling; or
2. being a person required to maintain registration under article six-C of the correction law and designated a level two or level three offender pursuant to subdivision six of section one hundred
sixty-eight-l of the correction law, he or she enters or remains in a public or private elementary, parochial, intermediate, junior high, vocational or high school knowing that the victim of the offense for which such registration is required attends or formerly attended such school. It shall not be an offense subject to prosecution under this subdivision if: the person is a lawfully registered student at such school; the person is a lawful student participant in a school sponsored event; the person is a parent or a legal guardian of a lawfully registered student at such school and enters the school for the purpose of attending their child's or dependent's event or activity; such school is the person's designated polling place and he or she enters such school building for the limited purpose of voting; or if the person enters such school building for the limited purposes authorized by the superintendent or chief administrator of such school. [2]
Criminal trespass in the second degree is a class A misdemeanor.
§ 140.17. Criminal Trespass in the First Degree.
A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a building, and when, in the course of committing such crime, he:
1. Possesses, or knows that another participant in the crime possesses, an explosive or a deadly weapon; or
2. Possesses a firearm, rifle or shotgun, as those terms are defined in section 265.00, and also possesses or has readily accessible a quantity of ammunition which is capable of being discharged from such firearm, rifle or shotgun; or
3. Knows that another participant in the crime possesses a firearm, rifle or shotgun under circumstances described in subdivision two. [3]
Criminal trespass in the first degree is a class D felony.
Every Criminal Charge Requires an Aggressive Defense
Criminal defense attorney David Sachs immediately started an aggressive defense arguing to the Court and District Attorney that this was a false and illegal arrest. Initially, the District Attorney agreed to reduce the misdemeanor criminal charge to the noncriminal charge of Disorderly Conduct as a violation. Still, defense attorney David Sachs argued that the only possible acceptable outcome was an outright withdrawal of the criminal charge. Upon further arguments, the District Attorney finally agreed and withdrew the charge. The White Plains Criminal Court then sealed the arrest. David’s client was thrilled with the result and the quick resolution David was able to bring to the case.
Westchester County Criminal Defense Attorneys
Criminal Defense Attorney David Sachs has practiced criminal law in Westchester County for over 20 years. David is one of the leading criminal defense attorneys at Proto, Sachs & Brown, LLP. Clients can easily schedule a consultation by visiting any of the conveniently located offices in White Plains and Downtown Peekskill. David aggressively defends every case he handles and pursues a withdrawal or dismissal of criminal charges whenever possible.
Call David for a free initial consultation if you have been charged with a crime. He can be reached at (914) 840-5104.