PL 140.05 · Article 140
Trespass
This offense concerns knowingly entering or remaining unlawfully in or upon premises. Unlawful entry and unlawful remaining are alternatives, so the allegation need not depend on an unlawful entry if the person accused later knowingly remained unlawfully.
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Text us immediately · (845) 290-2492Definition under New York law
PL 140.05 · Original statutory wording; excerpts must be read together with the full section.
§ 140.05. Trespass. A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises. Trespass is a violation.Read the full section at the New York State SenateIn everyday language
This offense concerns knowingly entering or remaining unlawfully in or upon premises. Unlawful entry and unlawful remaining are alternatives, so the allegation need not depend on an unlawful entry if the person accused later knowingly remained unlawfully.
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 unlawfully in or upon premises, or knowingly remained unlawfully there.
- Entry and remaining are alternatives, not cumulative requirements.
Defenses that commonly apply
- What permission or other lawful authority did the person accused have to enter or remain?
- What evidence shows that the person accused knew the entry or remaining was unlawful?
- Do location and timing evidence establish that the person accused entered or remained on the premises identified in the allegation?
Penalties and collateral consequences
A Violation carries a maximum sentence of up to 15 days and a fine of up to $250.
Common questions about your defense
Does permission to enter defeat a trespass allegation?
Permission to enter may undermine an allegation of knowing unlawful entry. It does not necessarily resolve an allegation that the person accused later knowingly remained unlawfully, because entry and remaining are separate alternatives. The scope and timing of permission may support a defense, but the prosecution must prove the applicable 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 140.17 · Class D Felony
PL 140.35 · Class A Misdemeanor
PL 140.10 · Class B Misdemeanor
PL 140.20 · Class D Felony
PL 140.25 · Class C Felony
PL 140.30 · Class B Felony
PL 140.15 · Class A Misdemeanor
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