Sounding like something out of a heist movie, police in Southern California say that burglars are using WiFi blockers to jam home security systems. Jamming may prevent residents from getting notifications about someone entering their property.
For those facing burglary or criminal trespass charges, blocking someone's security system can make it more difficult to use legal defenses. If you're facing charges of burglary or criminal trespass in New Jersey, the Lento Law Firm Criminal Defense Team can help.
We assist our clients in navigating the criminal justice process, knowing their rights, and building a case. Contact us using this form or by calling us at 888-535-3686.
What Are Burglary and Criminal Trespass?
Criminal trespass involves unlawfully entering another person's property. Burglary also involves unlawful entry but adds the intent to commit an unlawful act, such as theft.
Both burglary and criminal trespass have different types of offenses and levels of charges. Someone who doesn't meet the elements of burglary or criminal trespass may still be charged with a lesser offense.
Different types of offenses may also result in different types of charges. Both defiant trespassing and peering are types of criminal trespass. Someone convicted of defiant trespassing could be subjected to up to 30 days in jail and a $500 fine. Peering, in comparison, could result in up to 18 months in prison and a $10,000 fine.
Even if someone did commit an offense, getting charges reduced can make a significant difference in penalties. Defenses aren't just important for absolving someone of a crime. They're also important for reducing charges.
Legal Defenses and Tech
Both burglary and criminal trespass have defenses for those convicted. When someone uses a WiFi jammer, however, they may have a more difficult time arguing that these defenses apply to their case. The use of a WiFi jammer could be considered an indication that someone knew they weren't supposed to enter the property.
One defense is that someone believes a property is abandoned, which means that the owner has intentionally given up ownership. That a property has a working security system could be taken as a sign that a property isn't abandoned.
Another defense is that someone believes they have a right to be on a property or that the owner gave them permission. This belief should be reasonable, and it's difficult to argue that someone believed they had a reasonable right to be somewhere when they used a WiFi jammer to disrupt a security system.
That an individual goes onto a property when a security system is down, or malfunctioning doesn't automatically mean they used a WiFi jammer or other means of disrupting a security system. WiFi goes down. Networks have outages or technical problems. Different types of technology can inadvertently interfere with other types of technology.
Someone may have entered a property, believing they could be there, during an outage. This person may suddenly find themselves accused not only of burglary or criminal trespass but of intentionally jamming a system when it was instead bad timing.
Technology Doesn't Reduce Your Rights
Technology and crime increasingly intersect. That a crime might involve the use of technology doesn't reduce your rights within the legal system or in defending yourself. If you're facing criminal charges related to the technology, the Lento Law Firm Criminal Defense Team can help. Contact us using this form or by calling us at 888-535-3686.
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