Trespassing

Trespassing Lawyers in Trenton NJ

Robbinsville NJ Trespassing LawyerIf you have been charged with trespassing because you attempted to re-enter a bar after you were already asked to leave or any other reason for that matter, it is crucial that you speak to an experienced Mercer County criminal defense attorney about your options. Trespassing can either be a felony offense (indictable) or a disorderly persons offense (misdemeanor). Thus, if convicted, a Defendant would be facing severe penalties including incarceration and high fines. For whatever reason, trespassing charges tend to be prosecuted to the fullest extent of the law. If you have been charged with trespassing, burglary, disorderly conduct, unlawful possession of a weapon, robbery, stalking or harassment in Mercer County, the Law Offices of Proetta & Oliver can help. Our attorneys defend clients accused of trespassing in Courts throughout Mercer County, including the Mercer County Superior Court, the Hamilton Municipal Court, the Princeton Municipal Court, the West Windsor Municipal Court, the East Windsor Municipal Court and the Robbinsville Municipal Court. If you would like to come into our office for a consultation with Mr. Oliver or one of the other attorneys on staff then please contact us at (609)789-0779. We fully understand what a criminal conviction could do to one’s future. So if you have any questions please do not hesitate to contact us and as always, our initial consultations are free of cost. Now here is some important information on the offense of trespassing, including what the penalties are if convicted.

Criminal Trespassing Charges in Lawrence NJ

The offense of trespassing is governed by N.J.S.A. 2C:18-3 and it in essence encompasses three separate offenses. They include, the Unlicensed Entry of Structures, Defiant Trespassing and Peering into Dwelling Places. Here is a breakdown in the three separate offenses, including what the state must prove beyond a reasonable doubt in order to obtain a conviction.

Trespassing: Unlicensed Entry of Structures: N.J.S.A. 2C:18-3(a)

  • The Defendant entered or surreptitiously remained in a structure; &
  • The Defendant did so knowing they did not have permission to be there.

Trespassing: Defiant Trespasser: N.J.S.A. 2C:18-3(b)

  • The Defendant enters or remains in a place that they have previously been given notice to stay away from by either:
    • Actual communication; or
    • It was posted in a manner prescribed by law or in a manner which would reasonably alert potential intruders; or
    • Fencing or other enclosures were put into place to prevent such entry.

Trespassing: Peering into Windows or other Openings: N.J.S.A. 2C:18-3(c)

  • That the Defendant peered into a window of a dwelling;
  • The Defendant knew they had no right to peer into said window;
  • The Defendant did so with the underlying purpose to invade the privacy of the victim; &
  • The Defendant did so under circumstances in which a “reasonable person” would not expect to be observed.

How to Defend Trespassing Charges in NJ

There are several affirmative defense to trespassing that the courts accept. They include, when the structure was determined to be abandoned or when the Defendant reasonably believed that the owner of the structure would have allowed them to enter or when the Defendant enters a structure lawfully and remains there lawfully.

What are the Penalties for Trespassing in NJ?

Trespassing can either be a fourth degree felony offense, a disorderly persons offense and a petty disorderly persons offense. A fourth degree felony offense is punishable by up to 18 months in a New Jersey State Prison and a fine up to $10,000. A disorderly persons offense is punishable by up to 6 months in the Mercer County Jail and a fine up to $1,000.  A petty disorderly persons offense is punishable by up to 30 days in the Mercer County Jail and a fine up to $500. With that being said, there are several diversionary programs that a Defendant might be able to take advantage of if they are charged with trespassing in New Jersey. Those programs include the pretrial intervention program and the conditional dismissal program. Both programs would provide a Defendant the opportunity to participate in a probationary period and if successfully completed, the charges will be outright dismissed. For more information on these offenses, please contact us at (609)789-0779.

Trespassing Attorneys in Princeton NJ

If you have been charged with trespassing, possession of marijuana, underage drinking, possession of a fake id, burglary or any other offense in Mercer County, we can help. Our attorneys possess the experience, knowledge and drive to fight to protect your freedom. We serve all of Mercer County, including towns like Trenton, Hamilton, Robbinsville, West Windsor, Pennington, Hopewell and Ewing. If you would like to speak to one of our attorney about your options then please call us at (609)789-0779.