Misdemeaner criminal trespassing Property Invasion, Damages, Trespass

callahac · Jun 12, 2005

I received a ticket for penal law criminal trespassing sec 140 subd 10a vehicle and traffic law of NY. Basically I was stuck in traffic for hours pulled off at a parking lot to relieve myself and walked into the woods and into a sting operation. I think they were afer drug dealers or people looking for sex. Make a long story short I was in the wrong place at the wrong time. The woods happend to be state property although there were no signs indicating this.

What sort of penalty am I looking at. I have no criminal record at all.

I'm upset and very angry.

Thanks for your help.

NYClex · Jun 12, 2005

Are you sure you are quoting the correct statute section?

In New York it is actually not the Vehicle and Traffic Law, but the Penal Law where section 140 handles trespass. But there is no subsection 10A.

There is subsection 10 (Criminal trespass in the third degree) which makes trespass a B misdemeanor if you entered real estate that was " fenced or otherwise enclosed in a manner designed to
exclude intruders"

So there must at least have been signs posted conspicously.

A B misdemeanor carries up to 3 months in jail, but usually would only be carrying a fine.

If there was no conspicous signage or fence, all you could be charged with is simple trespass under subsection 5 which is a violation and that carries a fine only, probably around $ 100.

A misdemeanor conviction creates a criminal record, a violation does not. Therefore you should strongly work to get the charges dismissed anyway or at least mitigated to simple trespass.

callahac · Jun 13, 2005

Thanks for the reply. I looked at the ticket again. It is hard to read the officers hand writing but it might be Sec 140 subd 100, not "10a". He checked off the box that states that it is a violation of the "vehcile and traffic law of NY" not the box that says "other." As for the area there was a fence but it had numerous openings.

NYClex · Jun 13, 2005

Well, then it very probably is 140.10 of the Penal Code. The fence makes it a class B misdemeanor.

Now I would try to plea bargain this down to a violation so you can avoid a record. You should probably contact an attorney.

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Misdemeaner criminal trespassing Property Invasion, Damages, Trespass

callahac Law Topic Starter New Member

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callahac Law Topic Starter New Member

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