This week’s #fridayfacts explores Criminal Trespass under Penal Law Article 140—a charge that can sneak up on people who never intended to commit a crime.
You might be surprised how often trespass cases arise from honest mistakes: walking into the wrong apartment in a shared building, entering a property you once had permission to visit, or stepping onto land with unclear “No Trespassing” signage.
But under the law, intent isn’t required to be convicted—knowingly remaining without permission is enough.
- Simple trespass = violation.
- Trespass in a building or fenced property = Class B Misdemeanor.
- Trespass in a dwelling = Class A Misdemeanor.
- Armed trespass = Class D Felony.
A conviction can lead to jail, probation, and a criminal record. An attorney can often negotiate a reduction or dismissal—especially if there’s evidence of mistake, lack of notice, or implied consent.