New York Residential Trespass Fine

To be convicted of residential trespass in New York, the following four components must typically be proven:

1. Protected Location: The location must be classified as a dwelling. This includes permanent homes (like houses or apartments), temporary lodgings (like hotel rooms or tents), or even areas like porches, hallways, stairwells, and lobbies of residential buildings.
2. Lack of Consent: The individual must enter or remain without the explicit permission of the resident or property manager. Even if initial consent was given, failure to leave after being asked can constitute unlawful remaining.
3. Intent or Knowledge: The offender must know that their presence is unauthorized. If they willfully disregard posted signs, warnings, or direct orders to leave, intent can often be inferred.
4. Physical Presence: Actual entry into the protected space is required. Even partial physical presence—such as a hand or foot crossing into the area—may satisfy the element of “entry.”

These examples are illustrative and not based on specific court rulings.

Once a fine is imposed, the defendant must comply with the payment order, usually within 30 days. Failure to pay may result in arrest warrants or substitute penalties such as community service or incarceration.

• Where to Pay: Fines are typically paid to the clerk of the court that issued the judgment or online through New York State’s electronic court payment system.
• Payment Options: Cash, certified check, debit/credit card, or online payment.
• Installment or Deferral: If financial hardship is demonstrated, the court may authorize installment payments or temporarily defer the deadline.

Mitigating Factors:

• Offender entered accidentally or momentarily.
• No one was present at the time of entry.
• The offender left immediately upon request.
• First-time offense with no prior criminal history.
• Apology or restitution offered to the victim.

Aggravating Factors:

• Entry occurred at night or involved bypassing locks/security.
• Intrusion involved harassment, intimidation, or stalking.
• Trespasser brought tools to break in or concealed identity.
• The victim was elderly, disabled, or particularly vulnerable.
• Prior convictions for similar conduct.
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The presence of multiple aggravating factors may elevate the offense to Criminal Trespass in the First Degree (Penal Law § 140.17), a Class D felony punishable by up to 7 years in prison.

• Challenging Intent: Arguing that the entry was unintentional or based on a mistaken belief of permission.
• Consent Defense: Showing evidence of prior authorization or an invitation.
• No Physical Entry: Arguing that the defendant never actually entered the premises.
• Duress or Necessity: Demonstrating that the entry was justified by emergency (e.g., medical distress).

In many cases, a defense attorney may also arrange for a plea agreement to reduce the charge from a misdemeanor to a violation, removing the criminal record impact.