Trespassing Lawyers in Belmar NJ
Most of the trespassing charges that occur in Monmouth County are as a result an alcohol related incident. A Defendant could find themselves facing criminal trespassing charges by simply attempting to reenter a bar after they were asked to leave or if they inadvertently attempt to enter the wrong house. This offense is governed by N.J.S.A. 2C:18-3. As you will see below trespassing can either be a fourth degree felony offense or a disorderly persons offense (misdemeanor) depending on the circumstances surrounding the charges. Therefore, if convicted a Defendant could be facing not only up to eighteen (18) months in a State prison but a fine up to $10,000 as well.
If you or a loved one has been arrested and charged with trespassing, burglary, public intoxication, underage drinking, disorderly conduct or simple assault in Monmouth County the Law Offices of Proetta & Oliver can help. Our attorneys have been representing clients charged with trespassing in Monmouth County in towns like Belmar, Hazlet, Manasquan, Tinton Falls, Lake Como, Sea Girt, Asbury Park, Ocean Township, Wall Township and Neptune for years now. Our Monmouth County criminal defense lawyers have dedicated their entire practice to defending those accused of crimes in courts throughout New Jersey. Our criminal attorneys routinely appear in local Municipal Courts throughout Monmouth County and defend clients charged with trespassing. If you would like to come into our office and have a face to face initial consultation with Mr. Oliver or one of our other attorneys, then please contact us directly at (732)858.6959. We are available 24/7 to help assist in anyway possible and as always our initial consultations are free. Now here is some important information on the offense of defiant trespassing including potential defenses and applicable penalties if convicted.
Manasquan NJ Trespassing Attorneys
Defiant Trespassing Charges: N.J.S.A. 2C:18-3
As mentioned above, criminal trespassing is governed by N.J.S.A. 2C:18-3. The statute is broken down into two separate sections N.J.S.A. 2C:18-3(a) and N.J.S.A. 2C:18-3(b).
N.J.S.A. 2C:18-3(a) states in pertinent part that:
- A person commits an offense of trespassing 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.
The most common place trespassed on is a “structure”, which has been defined as a “building, room, ship, vessel, car, vehicle or airplane”. In addition, a structure also “means any place adapted to overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present”.
This offense will be considered a fourth degree felony if the offense was committed on one of the following places:
- School or School Property;
- Research Facility;
- Utility Company Property;
- Operational Part of an Airport
All other places will be considered a disorderly persons offense.
N.J.S.A. 2C:18-3(b) states in pertinent part that:
- A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to doso, he enters or remains in any place as to which notice against trespass is given by:
- Actual communication by the owner;
- Posting of signs; or
- Fencing or other enclosure designed to exclude intruders.
How to Defend Trespassing Charges in NJ
With that being said, it will be considered an affirmative defense if it can be shown that one of the following circumstances occurred:
- The “structure” in question was abandoned; or
- The structure in question was considered open to the public; or
- The Defendant reasonably believed that the owner would have consented to his entry.
What are the Penalties for Trespassing in NJ?
As mentioned above, trespassing can either be a fourth degree felony offense, a disorderly persons offense or a petty disorderly persons offense. The potential penalties that one faces will depend directly on the degree of the offense charged. Here is a breakdown:
Fourth Degree Felony Trespassing Charges in Freehold NJ:
- Up to 18 Months in a State Prison
- Fine up to $10,000
- Felony Criminal Record
Disorderly Persons Offense Trespassing Lawyers in Tinton Falls NJ:
- Up to 6 Months in the Monmouth County Jail
- Fine up to $1,000
- Criminal Record
Petty Disorderly Persons Offense Lawyers in Sea Bright NJ:
- Up to 30 Days in the Monmouth County Jail
- Fine up to $500
- Criminal Record
Experienced Trespassing Defense Lawyers in Red Bank NJ
As you can tell from above, the penalties if convicted of defiant trespassing in New Jersey can be severe. If you have been arrested and formally charged with trespassing, stalking, burglary, criminal mischief, aggravated assault, harassment or terroristic threats, the Law Offices of Proetta & Oliver can help. Our attorneys fully understands that a criminal record could carry lifelong consequences for someone. If you have been charged with a criminal offense in Monmouth County, in towns like Hazlet, Howell, Neptune, Manalapan, Marlboro, Tinton Falls, West Long Branch, Asbury Park or Wall and you would like a free consultation contact us directly at this (732) 858.6959. We are available 24/7 to help assist in anyway possible.