Trespass Defense Lawyer in Orange County, NY — What Are Your Options?
Trespassing charges in Orange County, New York, are prosecuted under Penal Law § 140.05 and can escalate to felony criminal trespass. A conviction can lead to jail, fines, and a permanent record. Law Offices Of SRIS, P.C. provides a strong defense for these charges. Our trespass defense lawyer Orange County team is available 24/7 for a case review.
New York Trespassing Laws and Penalties
Trespassing in New York is defined under the Penal Law, primarily in Article 140. The severity of the charge depends on the circumstances, such as the type of property entered and the defendant’s intent. The most basic form is Trespass in the Third Degree (Penal Law § 140.05), a violation punishable by up to 15 days in jail. More serious charges include Criminal Trespass in the Second Degree (Penal Law § 140.15), a Class A misdemeanor with up to one year in jail, and Criminal Trespass in the First Degree (Penal Law § 140.17), a Class D felony.
Last verified: April 2026 | Orange County Supreme Court | New York State Legislature
Official Legal Resources
For the official text of New York’s trespassing statutes, refer to the New York Penal Law Article 140 (official New York State Senate site). Court procedures and forms for Orange County can be found at the Ninth Judicial District Court website.
Local Court Process for a Trespassing Defense Attorney Orange County Case
In Orange County, trespass cases are heard in local criminal courts or the Orange County Supreme Court for felonies. New York’s bail reform means most misdemeanor trespass defendants are released without cash bail. An experienced criminal trespass lawyer Orange County can seek an Adjournment in Contemplation of Dismissal (ACD) for eligible first offenses, which results in dismissal after a period of good behavior.
- Arraignment: You will be formally charged and enter a plea. Your attorney can argue for release on your own recognizance.
- Discovery & Investigation: Your lawyer will review the evidence, including police reports and any surveillance, to identify weaknesses in the prosecution’s case.
- Negotiation: Your trespass defense lawyer Orange County will negotiate with the prosecutor for a reduction, dismissal, or favorable plea deal, such as an ACD.
- Motion Practice: If evidence was obtained illegally, your attorney can file a motion to suppress it, which may lead to case dismissal.
- Trial or Resolution: If a fair plea cannot be reached, your lawyer will prepare for and represent you at trial.
Potential Penalties for Trespassing in Orange County
In Orange County, trespassing penalties range from 15 days in jail for a violation to up to 7 years in prison for a felony, plus fines and a criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Trespass 3rd Degree (§ 140.05) | Violation | Up to 15 days | Up to $250 | None | Criminal record |
| Criminal Trespass 2nd Degree (§ 140.15) | Class A Misdemeanor | Up to 1 year | Up to $1,000 | None | Permanent criminal record, possible probation |
| Criminal Trespass 1st Degree (§ 140.17) | Class D Felony | Up to 7 years | Up to $5,000 | None | Permanent felony record, parole supervision |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Trespass Defense Lawyer Orange County Team
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. We understand the local procedures in Orange County courts and use that knowledge to build effective defenses.
Case Results for Trespass and Related Charges
Our trespass defense lawyer Orange County team has a documented record of achieving positive results for clients. In Orange County, we have secured dismissals and reductions for clients facing trespass and related disorderly conduct charges. For instance, we successfully argued for the dismissal of a trespassing charge where the property line was not clearly marked.
Results may vary. Prior results do not aim for a similar outcome.
Trespass Defense Lawyer Near Orange County, NY
Our New York location serves clients at Orange County courts in Goshen. We represent individuals in communities throughout the region, including Newburgh, Middletown, Monroe, Warwick, Chester, and Cornwall. 24/7 phone consultations — (888) 437-7747 | Local: (838)-292-0003 — meetings by appointment only.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
By appointment only.
Trespass Defense Lawyer Orange County FAQ
Is trespassing a felony in New York?
It depends. Basic trespass (Penal Law § 140.05) is a violation. Criminal Trespass in the First Degree (§ 140.17), which involves entering a dwelling, is a Class D felony. A trespass defense lawyer Orange County can review the specifics of your case.
Can trespassing charges be dropped in Orange County?
Yes. Charges may be dropped if the evidence is weak, your rights were violated, or through an Adjournment in Contemplation of Dismissal (ACD) for eligible first offenses. An experienced criminal trespass lawyer Orange County can pursue these avenues.
What is the penalty for criminal trespass in New York?
Criminal Trespass in the Second Degree is a Class A misdemeanor with up to 1 year in jail. Criminal Trespass in the First Degree is a Class D felony with a potential prison sentence of up to 7 years. Fines and a permanent record are additional consequences.
Do I need a lawyer for a trespassing ticket?
Yes. Even a violation-level trespass charge creates a criminal record that can affect employment and housing. A trespass defense lawyer Orange County can work to get the charge dismissed or sealed, protecting your future.
What is an ACD for trespassing?
An Adjournment in Contemplation of Dismissal (ACD) is a common outcome for first-time trespass offenses. The case is adjourned for 6-12 months and then automatically dismissed if you have no new arrests. Your record can be sealed afterward.
For more information on related charges, see our pages for New York County criminal defense or Orange County family law. Return to our main New York criminal defense hub.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.