Consequences of Trespassing in New Jersey
Under New Jersey law, trespassing involves unlawfully entering a property. Depending on the details of the incident, a trespassing charge in New Jersey could result in a disorderly persons charge, a petty disorderly persons offense, or a fourth degree crime. Anyone facing trespassing charges in New Jersey would be well advised to contact a New Jersey criminal defense lawyer to obtain more information about his or her rights and options.
New Jersey Statute 2C: 18-3 breaks down the severity of trespassing charges with regard to the type of property the defendant entered. For example, it is a fourth degree offense to illegally enter a school, research facility, power generation facility or hazardous chemical factory. It may also be a fourth degree crime to peer into a window of a home in New Jersey. It is a petty disorderly persons offense when someone knowingly trespasses on a property that he or she had been told to stay off of, or enters a property that has been fenced off.
To obtain a conviction, the prosecutor must prove that the act of trespassing involved knowledge of the illegal act. Therefore, a person should not be charged with trespassing for mistakenly wandering onto private property. Additionally, if a property is abandoned or the defendant believed that he or she had the right to be there, the trespassing charges should be dropped. Penalties for a fourth degree trespassing conviction can result in up to 18 months of jail time. So, it is crucial for anyone facing trespassing charges to speak with an experienced criminal defense attorney.
The Princeton criminal defense lawyers of Lependorf & Silverstein offer free consultations at 609-240-0040 to anyone facing trespassing charges. Let us review your case and help you better understand your rights and options. Call us today for a free and comprehensive consultation.
