NYC Desk Appearance Ticket Attorneys

Trespass (PL 140.10)

Click here to learn more about Desk Appearance Tickets, generally.

 

The most common trespassing charge in NYC is Trespass in the Third Degree, a Class B misdemeanor under Penal Law 140.10 (or PL 140.10).   

 

We have represented people charged with trespassing in hotels, homes, bars, restaurants, airports, municipal facilities and warehouses, and the transit system, among other places. Sometimes intoxicated or angry people refuse to leave establishments after being directed to do so, and other times individuals return to places that they had been previously told not to enter (such as a store or bar). We have also defended people who were arrested for trespass for simply attempting to visit estranged family members or former romantic partners. However, many cases involve people wandering into locations where they’re not supposed to be, either because of intoxication or curiosity. Also, Housing Police officers have long been notorious for stopping people (typically young men of color) that were attempting to visit friends inside public housing buildings and then arresting them if they couldn't find their friends upstairs in their apartments (i.e. their friends weren't home).  

 

These cases can become dangerous felony burglary cases where it is alleged that the defendant was trespassing with the intent to commit some crime (usually theft) inside the restricted area (dangerous in that the penalties for a felony burglary can be very severe). Just because you received a Desk Appearance Ticket charging you with PL 140.10 doesn’t mean that the prosecutor won’t decide to elevate the charges to felony burglary by the time you get to court.  Click here to learn more about how charges can change. 

 

The maximum legal penalty for a conviction of this charge is 90 days in jail. One can also be sentenced to one year of probation. More typical results for these cases for first time offenders include non-criminal dispositions with community service.

   

The potential penalties from this Desk Appearance Ticket:

Up to 90 days in jail.

Up to 1 year of probation.

Community service.

Alcohol or drug counseling.

Employment problems.