PL 140.17 · Article 140
Criminal Trespass in the First Degree
This offense requires knowingly entering or remaining unlawfully in a building, together with one of the statute’s alternative weapon-related circumstances. Those circumstances include personal possession or specified knowledge of another participant’s possession; the firearm-and-ammunition alternatives require compatible ammunition.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492Definition under New York law
PL 140.17 · Original statutory wording; excerpts must be read together with the full section.
§ 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. Criminal trespass in the first degree is a class D felony.Read the full section at the New York State SenateIn everyday language
This offense requires knowingly entering or remaining unlawfully in a building, together with one of the statute’s alternative weapon-related circumstances. Those circumstances include personal possession or specified knowledge of another participant’s possession; the firearm-and-ammunition alternatives require compatible ammunition.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecution must prove the required elements beyond a reasonable doubt.
- The person accused knowingly entered or remained unlawfully in a building.
- During that offense, at least one of these alternatives occurred; they are alternatives, not cumulative requirements: (1) the person accused possessed an explosive or deadly weapon, or knew another participant possessed one; (2) the person accused possessed a firearm, rifle or shotgun as defined in section 265.00 and also possessed or had readily accessible ammunition capable of being discharged from it; or (3) the person accused knew another participant possessed such a firearm, rifle or shotgun and possessed or had readily accessible compatible ammunition.
Defenses that commonly apply
- Did the person accused have permission or another lawful basis to enter or remain, and what evidence establishes knowledge of any lack of authorization?
- Does the evidence establish possession of an explosive, deadly weapon, or qualifying firearm during the alleged trespass?
- For the alternative charged, was compatible ammunition possessed or readily accessible, and what did the person accused know about another participant’s possession?
Penalties and collateral consequences
A Class D Felony carries a maximum sentence of up to 7 years and a fine of up to $5,000.
Common questions about your defense
Can this charge be challenged if only another participant had a weapon?
Personal possession is not required under the alternatives based on knowledge of another participant’s possession. If the prosecution relies on those alternatives, it must prove that knowledge and the applicable weapon circumstances, including compatible ammunition for the firearm-and-ammunition alternative. Evidence disputing that knowledge or the knowing unlawful entry or remaining may support a defense, and the prosecution must prove the required elements beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 140.15 · Class A Misdemeanor
PL 140.05 · Violation
PL 140.35 · Class A Misdemeanor
PL 140.20 · Class D Felony
PL 140.25 · Class C Felony
PL 140.30 · Class B Felony
PL 140.10 · Class B Misdemeanor