Trespassing Defense Lawyer Washington County — What Are Your Options?
A trespassing charge in Washington County, New York, is a criminal offense under NY Penal Law § 140.05, carrying potential jail time and a permanent record. Law Offices Of SRIS, P.C. provides a strong defense for unlawful entry and trespass charges. Our trespassing defense lawyer Washington County team is available 24/7. Call (888) 437-7747 for a consultation.
Understanding Trespassing Laws in Washington County
In New York, trespassing is defined as knowingly entering or remaining unlawfully in or upon premises. The severity of the charge depends on the circumstances, such as the type of property and the defendant’s intent. The primary statute is New York Penal Law Article 140.
Last verified: April 2026 | Washington County Criminal Court | New York State Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm has over 120 years of combined legal experience. We understand that a trespass charge can stem from a simple misunderstanding but has serious consequences.
Official Legal Resources
For the official text of New York’s trespassing laws, refer to the New York Penal Law Article 140 (official NY Senate site). For Washington County court procedures, visit the Washington County Supreme Court website.
Local Court Process for a Trespass Charge in Washington County
Washington County Criminal Court handles misdemeanor trespass cases. Under New York’s 2020 bail reform, most misdemeanor trespassing charges do not require cash bail, and defendants are typically released on their own recognizance. An Adjournment in Contemplation of Dismissal (ACD) may be available for first-time offenses, resulting in dismissal after a period of good behavior.
- Arraignment: You will be formally charged and enter a plea (not guilty, guilty, no contest).
- Discovery & Pre-Trial Motions: Your attorney will obtain evidence and may file motions to suppress evidence or dismiss the charge.
- Negotiations: Your lawyer will negotiate with the prosecutor for a reduction, ACD, or other favorable disposition.
- Trial or Disposition: If no agreement is reached, your case will proceed to a bench or jury trial. Otherwise, the case is resolved per the negotiated terms.
- Sentencing or Dismissal: If convicted, the judge will impose a sentence. If an ACD is granted and completed, the charges are dismissed.
Potential Penalties for Trespassing in New York
In Washington County, trespassing penalties range from a violation to a felony, based on the specific statute violated and the circumstances.
| Offense (NY Penal Law) | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Trespass (§ 140.05) | Violation | Up to 15 days | Up to $250 | Criminal record |
| Third-Degree Trespass (§ 140.10) | Class B Misdemeanor | Up to 3 months | Up to $500 | More serious record |
| Second-Degree Trespass (§ 140.15) | Class A Misdemeanor | Up to 1 year | Up to $1,000 | Jail time possible |
| First-Degree Trespass (§ 140.17) | Class D Felony | Up to 7 years | Up to $5,000 | Felony record, prison |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Trespassing Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings a former prosecutor’s perspective and a deep understanding of New York criminal procedure. We focus on building a defense that challenges the prosecution’s ability to prove you acted “knowingly” or “unlawfully,” which are key elements of any trespass charge.
Our Approach to Trespassing Cases
Our trespassing defense lawyer Washington County team examines every detail. We look for issues like lack of proper signage, implied permission, mistaken identity, or unlawful police conduct. For example, a skilled unlawful entry defense lawyer Washington County can argue you believed you had a right to be on the property. Firm-wide, we have handled 4,739+ documented case results.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Washington County Trespassing Defense Lawyer
Our New York location serves clients in Washington County, including Fort Edward, Hudson Falls, Greenwich, Cambridge, Granville, Salem, Whitehall, and Kingsbury. We are accessible via I-87 and I-90.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only. 24/7 phone consultations.
Frequently Asked Questions: Trespassing Defense in Washington County
Is trespassing a felony in Washington County, NY?
It depends. Simple trespass under PL § 140.05 is a violation. However, trespass in the second degree (PL § 140.15) is a Class A misdemeanor, and trespass in the first degree (PL § 140.17) is a Class D felony, punishable by state prison time.
Can a trespassing charge be dismissed in Washington County?
Yes. A common outcome for first-time offenses is an Adjournment in Contemplation of Dismissal (ACD). If you comply with the terms for 6-12 months, the charges are dismissed and sealed. An attorney can negotiate this or seek dismissal based on lack of evidence.
What should I do if I am charged with trespassing?
Do not speak to police or property owners without an attorney. Contact a trespassing defense lawyer Washington County immediately. Pleading not guilty at arraignment preserves your rights and allows your lawyer to review the evidence and build your defense strategy.
What defenses are available against a trespass charge?
Defenses include lack of criminal intent (you didn’t know you were trespassing), actual ownership or tenancy of the property, implied consent, or being on public land. An unlawful entry defense lawyer Washington County can identify the best defense for your situation.
How can a lawyer help with a trespassing case?
A lawyer protects your rights, negotiates with prosecutors for reduced charges or an ACD, files motions to challenge evidence, and represents you at trial. Early involvement by a trespass charge defense lawyer Washington County often leads to a better outcome.
For more information, see our New York Criminal Defense Lawyer hub. We also assist with related matters like family law in Washington County.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
