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  1. #1

    Default Is Entering a Hotel Kitchen After Midnight Trespassing

    My question involves criminal law for the state of: New York

    One night I was drunk and walking home from a bar. I decided to stop by at a hotel because I was drunk and stupid. Once I got in I did not see anyone at the front desk so I started walking around. I eventually found my way into the kitchen because the doors were wide open. I entered and looked around for a bit and found some old fries and ate a few and then proceeded to leave. On my way out a security guard stopped me and told me I need to come with him. Instead I just turned around a bolted out the exit. The security guard slipped and fell while he was chasing after me. I got scared and started running home while I could hear the sirens behind me. I got about 1/4 of a mile away before a police officer stopped me and arrested me. They brough the security guard there and he positively identified me. I was arrested and charged with criminal trespassing (class B misdemeanor), and assault w/ intent to cause injury (class A misdemeanor). The security guard says that I pushed him which is not true, the guy fell but me and him never physically touched each other at all.

    Is what I did really considered criminal trespassing? I looked up the penal laws in the state of NY and it doesn't seem like what I did really qualifies for this charge.
    Since I did not even touch the security guard, what are my chances of getting this charge dropped altogether? Doesn't the state have to proove beyond reasonable doubt that I hit him?

    I have contacted my court appointed attorney and he told me that I am lucky that I was not charged with burglary or breaking and entering. He also said that since I am a first time offender that he can probably get the charges all dropped but I will have to do community service. Is his council correct?

  2. #2
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: Is Entering a Hotel Kitchen After Midnight Trespassing

    Is what I did really considered criminal trespassing?
    Yep. You entered a restricted area on private property. It does not matter that the doors were open, you had no business being there.

    I have contacted my court appointed attorney and he told me that I am lucky that I was not charged with burglary or breaking and entering. He also said that since I am a first time offender that he can probably get the charges all dropped but I will have to do community service. Is his council correct?
    It is. Follow any instructions he gives you to the letter.

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