Perth Amboy NJ Trespassing Lawyer
Defense Attorneys for Criminal Trespass in Edison, New Jersey
Considered an invasion of privacy, the crime of trespassing is a serious offense in New Jersey. Depending upon the facts as well as the alleged victim in your particular case, a criminal trespass charge can either be a disorderly persons offense or serious enough to qualify as an indictable crime. Further, it is often coupled with other charges such as Burglary and Criminal Mischief. Our lawyers defend clients from prosecution for trespassing throughout Middlesex County and its surrounding areas including Metuchen, Woodbridge, New Brunswick, Piscataway, Cranbury, Perth Amboy, South Amboy, and Old Bridge. Often, our lawyers are able to successfully conference these matters with the prosecutor and victim in an effort to negotiate a plea to a downgraded offense. Under the right circumstances they may be dismissed altogether. If the matter cannot be resolved with the prosecution, then we stand ready and able to present an aggressive defense at trial. To learn more information regarding New Jersey Trespass law and discuss your specific circumstances, contact our office in Edison for a free initial consultation at (732) 659-9600.
Trespassing Defense Lawyer in Dunellen NJ
Depending on the specific facts involved, trespassing can be defined as a broad range of conduct including Defiant Trespass and Criminal Trespass. The New Jersey trespass statute, N.J.S.A. 2C:18-3 is provided, in pertinent part, below:
New Jersey Trespassing Statute 2C:18-3
a. Unlicensed entry of structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof. An offense under this subsection is a crime of the fourth degree if it is committed in a school or school property…dwelling…[or] research facility. Otherwise it is a disorderly persons offense.
b. Defiant trespass. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
- Actual communication to the actor; or
- Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
- Fencing or other enclosure manifestly designed to exclude intruders.
c. Peering into windows or other openings of dwelling places. A person commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he peers into a window or other opening of a dwelling or other structure adapted for overnight accommodation for the purpose of invading the privacy of another person and under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed.
Degrees and Penalties for NJ Trespassing Charges
|Defiant Trespass||Petty Disorderly Persons Offense||30 days in county jail|
|Criminal Trespass||Disorderly Persons Offense||6 months in county jail|
|Criminal Trespass||4th Degree Crime||18 months in state prison|
Contact a Metuchen NJ Defiant Trespass Attorney to Discuss Your Case
Most trespassing cases are either disorderly persons offenses or petty disorderly persons offenses. Common examples of this crime include neighbor disputes and entrance into a store after having been previously banned. As mentioned in the above statute, trespassing will only be upgraded to a fourth degree felony if the trespassed property is a home, school property, or a public utilities facility. Trespassing is also punishable as a crime of the fourth degree when a person is caught peering through the windows of a residence. Whatever the facts of your case are, one thing is certain- if you are convicted of trespassing you will have a permanent criminal record in addition to penalties such as probation, community service, and even jail time. Founding attorney, Will Proetta, Esq., has broad experience handling criminal and municipal court cases, including trespassing, throughout his career. He and our attorneys know what it takes to beat or mitigate defiant and criminal trespass charges. If you would like to discuss your matter in more detail during a free initial consultation, contact our office in Edison at (732) 659-9600 for immediate assistance.