Miller Place, NY asked in Criminal Law for New York

Q: Hello my 18 year old son and his friends were walking around kings park abandoned buildings and got a ticket trespassing

What is the fine

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2 Lawyer Answers

A: The fine is not as important as the fact that the charge is either a misdemeanor (a crime) or a violation. Both of which can affect things like financial aid, immigration status or even a job application or interview. The level of crime or violation will depend on whether the trespass occurred in a fenced area or a locked building etc... The fines would range from zero to two hundred and fifty dollars for a violation to a maximum of one thousand dollars for an A misdemeanor. Plus any associated surcharges. Please call if you want further information regarding the specific level of trespass he is being charged with.

A: If your son and his friend were charged with § 140.05., then it's a violation, not a criminal offense, but it has a potential jail time if convicted. You should know that the People (State) are obligated to prove every single element of the charge and your son has no duty to disprove anything.

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