Trespassing is the act of entering another person’s property without their permission. While it is considered by many as a minor offense, the reality is that the consequences of a conviction can dramatically impact you for years to come.
When you are facing these charges, speaking with a dedicated criminal defense attorney should be a top priority. The right legal counsel could answer your questions and guide you through the process. Before you plead guilty or represent yourself in court, let a Manhattan criminal trespassing lawyer advise you of your options.
State law provides a broad range of behaviors that count as trespassing on another person’s property. In general, this crime involves entering or staying at a place without authorization to do so. Most people assume this offense applies to a personal residence or business, but it can include other types of property, including non-public bodies of water, vehicles, and even aircraft.
There are different ways the prosecution might pursue this type of case. They could argue that the defendant was initially in a place they were allowed to be, only to remain on the property after they were asked to leave. Many cases stem from an individual entering the premises with the knowledge that they are not allowed to be there. It is also a crime to go somewhere in violation of a restraining order, even when it is generally open to the public.
It is rarely simple for the state to build a case that is strong enough to prove guilt beyond a reasonable doubt. An attorney in Manhattan could challenge the evidence during a criminal trespassing trial.
This offense is often confused with the crime of burglary, but there are important differences between the two. Trespassing is purely a crime of entering property without the right to do so, whereas burglary requires evidence that a person is present to commit some other criminal act.
Often, burglary cases are coupled with attempted theft charges. That said, it is a common misconception that a burglary arrest must be related to the taking of someone else’s property.
The police will, at times, charge a person with trespass even though they believe they were attempting a burglary. If the state develops additional evidence, the charges could be amended. A Manhattan Lawyer could explain more about the difference between criminal trespassing and burglary in a consultation.
An aggressive defense strategy could go a long way in these scenarios. An attorney in Manhattan could review the criminal trespassing allegations and determine the best possible approach to fighting back. A common strategy involves explaining to the court or prosecutor that it was a mistake. If there were no signs marking an area as private property, this mistaken entry could be a viable defense.
Another common approach is for the accused to argue that they had permission to enter. Often, these arrests result from a misunderstanding where permission was given at some point in the past. While no strategy is guaranteed to be a success, beating these charges is often possible.
If you are facing allegations of entering property unlawfully, it is worth considering your legal options instead of pleading guilty right away. These cases are often defensible, and a positive outcome may be available. Call us today to schedule a consultation with a Manhattan criminal trespassing lawyer and learn more.
