Albany, NY asked in Criminal Law for New York

Q: Hello I was charged with 3rd degree criminal trespassing yesterday what are the odds that I may be going to jail if.

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1 Lawyer Answer
Andrew S. Tabashneck
Andrew S. Tabashneck
  • Criminal Law Lawyer
  • Williamsville, NY
  • Licensed in New York

A: Under New York’s Penal Law 140.10, trespass in the third degree requires simple trespass along with the allegation that the accused unlawfully remained in an area which was fenced in or otherwise enclosed so as to exclude intruders. Trespass in the third degree is a class B misdemeanor.

As a class B misdemeanor, under Penal Law 70.15, the maximum sentence would be three months in jail and the fine cannot exceed $500. However, it is unlikely that you will receive the maximum sentence. This is particularly the case if you do not have a criminal record. Although it's impossible to know for sure without additional facts, an Adjournment in Contemplation of Dismissal (ACD) seems like a good possibility. While the court would always have a record on file which could theoretically be accessed by a very limited number of parties, generally, the record is sealed and the incident would not show up on most background checks.

Good luck

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