Trespassing. Everyone knows it's not allowed, but how bad can it really be? Unfortunately, many New Jersey residents are shocked to learn that criminal trespass charges are much more severe than expected. The worst part is that not all trespassing is a flagrant breaking of the rules, as misunderstandings or mistakes can also compel prosecutors to charge someone with criminal trespassing. Whatever your situation, you must treat criminal trespass accusations seriously to avoid likely jail time and steep financial penalties.
The Lento Law Firm has the extensive criminal defense experience you need to protect your future from criminal trespass allegations in New Jersey. Our Criminal Defense Team will find the most effective defense for your case and help prevent trespass accusations from upending your life. Whether you are a college student accused of entering restricted campus areas or someone unfairly charged after a misunderstanding, we are here to help. Call the Lento Law Firm Criminal Defense Team today at 888.535.3686 or contact us through our website to get started.
Burglary vs. Criminal Trespass in New Jersey
Before getting into the specifics of criminal trespass in New Jersey, we should clear up a common confusion—many people find the line between burglary and criminal trespass unclear. Both involve entering a property without permission, but their details and consequences vary. The Lento Law Firm Criminal Defense Team can assist regardless of the offense, but knowing why you are facing your specific charge makes it easier to understand your avenues for defense.
The general definition of criminal trespass involves unlawfully entering or remaining on another person's property without permission. Unknowingly, many New Jersey residents might break this law regularly, such as when they cut across a neighbor's backyard or private lot to save time reaching a bus stop. Or, a person may enter an abandoned area out of curiosity without the owner's permission. For extremely minor offenses, property owners don't always take action. However, the risk of trespassing charges increases when signs or fences explicitly signal that entry isn't allowed.
On the other hand, burglary involves entering a property unlawfully with the intent to commit another crime. People often associate burglary with theft, but it could also encompass situations where someone intends to vandalize or arson. Because of these similarities, New Jersey residents might face burglary charges if prosecutors believe they entered the property with criminal intent, forcing them to defend their actions to reduce charges to simple criminal trespass.
Even if initial burglary charges are reduced to criminal trespass, risks to your future remain. The Lento Law Firm can clarify your criminal charges and build the strongest possible defense against criminal trespassing in New Jersey. With such a broad definition, criminal trespass accusations can arise suddenly, and we are here to help.
The Different Types of Criminal Trespass in New Jersey
We've discussed the general idea of criminal trespass, but New Jersey law recognizes three types of related trespass offenses. Each carries different risks and penalties, but they all require a robust defense to avoid criminal punishment. The Lento Law Firm Criminal Defense Team should be your first call to protect your future against any criminal accusation of criminal trespass in New Jersey.
Defiant Trespasser
Defiant trespassing is precisely what it sounds like: an instance where an individual knowingly enters or remains on a property despite being warned or instructed not to. The law allows for warnings to be provided in many ways, including:
- Verbal communication: A property owner or authorized individual with decision-making powers directly informs the person to leave or not enter in the future.
- Posted signage: Signs stating restrictions, such as "No Trespassing," are visibly placed to inform intruders.
- Physical barriers: Fencing or similar structures clearly aim to block or prevent access to the location.
Defiant trespassing accusations are more common in locations where different groups of people have different levels of access to areas of a property. For example, even though a college laboratory might be unlocked, the only people authorized to enter are typically those with a reason to use the lab and its equipment. Plus, anyone at any given location might end up defiantly trespassing if they return to an area after the owner asks them to leave, regardless of the reason.
Despite defiant trespassing not being the most devastating crime in the world, it doesn't come without consequences. New Jersey classifies this type of trespass as a petty disorderly persons offense, which can lead to up to 30 days in jail and fines of up to $500.
Unlicensed Entry of Structures
Unlicensed entry is a similar criminal trespass offense that involves entering or remaining in certain restricted structures without authorization. Instead of applying as a general rule, this offense applies to various sensitive or secure areas, including:
- Schools.
- Research facilities.
- Power plants.
- Utility company properties.
- Airport operational zones.
However, not all unlicensed entries are the same. Many entries are categorized as fourth-degree crimes, such as entries to schools or dwellings, while others are simply disorderly persons offenses. The penalties for these crime classifications are:
- Disorderly persons offense: Punishable by up to six months in jail and a $1,000 fine.
- Fourth-degree crime: Penalties increase to 18 months in prison and a $10,000 fine.
Despite seeming like a straightforward law, the specifics of where the offense is alleged to have occurred make a massive difference in the potential incarceration and monetary penalties. Call the Lento Law Firm as soon as possible to protect against escalated accusations of unlicensed entry in New Jersey.
Peering Into Dwelling Places
Peering into a dwelling place might seem minor, but it is a unique, invasive form of trespass that penalizes breaking privacy boundaries. New Jersey's peering statute criminalizes when someone looks into a dwelling or structure adapted for overnight accommodation, explicitly intending to invade another's privacy. Plus, the law requires that a reasonable person have an expectation of privacy in their dwelling when the peering takes place. This aspect of the law reasonably protects someone who glances through an open window visible from the street but would not protect someone who approaches the side of someone's house to look inside.
Like the most serious unlicensed entry offenses, New Jersey classifies peering into dwelling places as a fourth-degree crime. This might seem like a harsh classification, but most states, including New Jersey, place importance on protecting the privacy rights of their citizens.
Defenses for Criminal Trespass in New Jersey
The same New Jersey statute defining these offenses also provides potential avenues for affirmatively defending one's action, including:
- Abandoned Property: A property that is no longer legally occupied or maintained cannot be the basis for an unlicensed entry criminal charge.
- Open to the Public: If the location was open to the general public and the defendant accessed it lawfully, they cannot be prosecuted for trespass.
- Reasonable Belief of Permission: A defendant may argue that they reasonably believed they had the property owner's permission to enter, remain on, or peer into the premises.
Despite these affirmative defenses being available, remember that you must prove these defenses to benefit from the protection they offer. For instance, if you cannot provide and explain a valid reason for a reasonable belief of permission, you are unlikely to defend against the charges through this method.
Some groups, like students, might have an easier time claiming affirmative defenses in certain circumstances, but they are open to all. The Lento Law Firm provides college student defense for students accused of criminal trespass in New Jersey to limit the harm these charges can do to their academic future.
Not all criminal trespass offenses are the same, but each one can forever impact your life. Even minor defiant trespassing charges can result in a criminal record, affecting background checks and causing long-term setbacks. The Lento Law Firm will work to eliminate your criminal charges or secure the minimal criminal penalties possible for your criminal trespass offenses. Call our Criminal Defense Team today to learn about your best defense option and how our attorneys can help.
Experienced Criminal Trespass Defense in New Jersey
Never underestimate criminal trespass charges and the issues they can bring. While many misunderstand them as simply minor infractions, convictions in court for criminal trespassing can affect your freedom, finances, and future. Just because you didn't intend to break the law or misunderstood the rules regarding a shared space does not mean you are guaranteed a favorable verdict. Successfully defending against criminal trespass charges in New Jersey requires planning and knowledge of the state's unique criminal justice system.
The Lento Law Firm has defended thousands of New Jersey residents from unfair and life-altering criminal charges, including charges of criminal trespass. You might be confused about the severity of the charges after an arrest, but don't delay contacting our Criminal Defense Team to protect your future and prevent them from causing real-world damage to your life. Call today at 888.535.3686 or contact the Lento Law Firm through our website to get started on your defense against criminal trespass charges in New Jersey.