Trespassing

What is Trespassing?

Trespassing deals with the entry onto another’s property without having the proper permission to do so. In New Jersey, the law on criminal trespassing can be found in the New Jersey Revised Statutes at 2C:18-3, and is broken into three main categories:

  • Unlicensed entry of structures: Under this law, it is illegal to enter a building without authorization. Entering into another person’s home or school property without authority can result in a more serious fourth-degree offense.

  • Defiant trespasser: An individual is considered a defiant trespasser when he or she enters a property despite having been informed in some way not to do so. The notice can be given directly from the property owner or can be through the use of a sign informing everyone to stay out.

  • Illegal peering into windows: This law deals with people looking into other people’s windows to invade their privacy and observe them when they would reasonably not expect to be observed by anyone.

While most trespassing charges are misdemeanors. Several factors can enhance the trespassing charge to a fourth-degree offense, which is a felony under New Jersey law. If you are facing a trespassing charge, then it is important that you seek the advice of an experienced criminal defense attorney as soon as possible.

What Are the Possible Punishments for Trespassing?

The main possible punishments for a conviction of trespassing include:

  • Jail: A trespassing conviction can result in up to six months in jail in some cases. While many trespassing cases don’t result in significant jail time, a judge has the power to sentence a defendant to jail if he or she sees fit.

  • Probation: Probation is a sentencing alternative to jail. If the judge decides to offer probation as a sentence, then he or she likely believes that you are worth giving a chance to avoid being sentenced to jail if you can follow a set of conditions. If you fail to abide by the conditions of your probation, then you can be sentenced to jail for the violation.

  • Restitution: Any damage or costs that are incurred due to a trespass will be ordered to be paid for by the defendant in the form of restitution.

  • Fines: A trespassing conviction can result in a fine of up to $1,000.

  • Other: Aside from having a criminal conviction, potentially a felony, on your criminal record; you can actually also have your driver’s license suspended due to a conviction for trespass.

What Are Some Examples of Trespassing?

Under New Jersey law, some common examples of trespassing include:

  • Walking through the unlocked front door of someone’s home without permission

  • Walking up to a home’s window to peer inside without permission

  • Walking into someone’s backyard despite a posted sign that says “KEEP OUT”

This is just a partial list of examples of what could constitute the crime of trespass in New Jersey. As you can see, trespassing can be charged under a number of circumstances and legal theories. It is important to know which trespassing charge is being alleged in your case to be able to properly defend yourself if charged.

What Are the Possible Defenses?

Under New Jersey law, there are specific affirmative defenses to the charge of trespassing. If it is demonstrated that any of the following circumstances exist in your trespassing case, then your case could be properly dismissed by a judge. Affirmative defenses to trespass include:

  • If the property that was alleged to have been entered was abandoned;

  • If the property that was alleged to have been entered was open to the public at the time of entry; or

  • If the actor reasonably believed that he or she would have been given permission to enter, remain, or peer into the property that was alleged to have been entered.

A prosecutor must demonstrate that none of the above circumstances existed to properly continue prosecuting a trespass charge. A defense attorney will also want to know if you were given permission by anyone else to enter the property in question or if you were even there to determine the correct approach for your defense. If the prosecutor is unable to overcome an affirmative defense and prove that you were actually there, then that may lead to a not guilty verdict.

Why Forrester Law Stands Above the Rest in Criminal Defense

Attorney Amber Forrester has been certified by the New Jersey Supreme Court as a certified criminal trial attorney, a distinction less than 2% of attorneys achieve. Less than 250 of the over 80,000 lawyers in New Jersey share this certification with Ms. Forrester. In over a dozen years as a criminal defense attorney, she has represented thousands of people, with many facing serious potential consequences. Ms. Forrester’s skills, experience, and reputation are evident in the results she consistently achieves for her clients. You have a choice in who represents you, make sure you make the right choice with a call to Forrester Law.

Free Consultations

If you are facing a charge of trespassing, then it is important that you speak to an experienced criminal defense attorney as soon as possible. To schedule a FREE consultation with Ms. Forrester, call (609) 613-1513 or contact us online.