What fines/probation/arrest record do I face for Trespassing on the Restricted Roof of my Apartment Complex?

2 views 2 answers
Me and a friend were exploring the roof of my apaprtment building the other night since from there it has really great views of the city. Rooftop access is restricted and normally all the access doors are locked, and have signs that say "restricted asrea, authorized personel only". Anyway, one of the doors was open, we went through and tripped a silent alarm. We were up there about 10 minutes when two of the building's security showed up, cuffed us, and took us to the police station where we were held for about an hour. Both of us have clean records, were very cooperative but have been issued court summons I want to know the following: 1) what is the most severe, plausible outcome 2) most likely outcome 3) actions/information to do/get that could help in reducing the punishment Thank yo

Attorney Answers

2
James Medows ·
Realistically, it may just come down to a fine, however, it is always wisest to hire counsel. I can be reached at 917-856-1247 to discuss.
0 upvotes
Caitlin Donahue ·
If your summons indicates that you are being charged with Penal Law Section 140.15 Trespass in the Second Degree, then this is a Class A misdemeanor and the answer to your questions are as follows: 1) Punishable by any of the following: up to one year in jail, up to 3 years probation, community service, or fines and surcharges. 2) Assuming that you are of age (16 and up) and this is handled in criminal court: Your clean record and cooperation will give you the best chance of avoiding jail. The goal would likely be to see if the prosecution will offer a violation (non-criminal offense) and punishment of fines, or even an adjournment in contemplation of dismissal which is a dismissal if you stay out of trouble for six months. Your attorney would also be looking to see if there are any procedural issues that would warrant a possible motion to dismiss or other defenses to consider. A personal consultation with an attorney in more specific detail would provide a more accurate answer to this question in terms of the most likely outcome. 3) The best thing that you can do is to seek legal counsel and be sure to show up at every court date. Dress appropriately and be polite to the court. The above information is subject to change if your summons indicates that you are being charged with something other than 140.15. (i.e. a pink summons for 140.05 is a violation punishable by fines or up to 15 days jail) I invite you to email me for a free consultation if you would like to discuss your case in specfic detail as opposed to a general synopsis. I can be reached at [email protected] . Please reference in the subject line.
0 upvotes