Criminal Trespassing in New Jersey

Trespassing may seem like a relatively insignificant matter. In some situations, it may not seem like a crime at all. But being charged with criminal trespassing in New Jersey is a serious offense – and if convicted, you face penalties that can be costly and disruptive to your life.

If you’ve been charged with criminal trespassing, it’s essential that you have the support you need to navigate the complex legal process. Contact The Law Office of Jason A. Volet today to get started with a free, confidential case review. We can advise you on your rights and help you move forward.

What Is Criminal Trespassing?

Criminal trespassing is a property crime where someone enters a space without permission. There are several ways someone might commit a criminal trespassing offense, which may be classified as a fourth-degree crime or a disorderly persons offense. It carries penalties ranging from fines to imprisonment.

A person can be charged with and convicted of criminal trespassing in New Jersey even if the property owner didn’t display a “no trespassing” sign. However, posted signs may be factored into the charges and possible penalties the accused faces.

New Jersey treats criminal trespassing as a serious matter, which is why it helps to have an attorney with a solid understanding of this area of the law. An experienced lawyer can work to get your charges reduced or dismissed.

What Are the Three Categories of Criminal Trespassing?

Under New Jersey law, there are three different categories of criminal trespassing:

• Unlicensed entry of structures — This category covers the full range of occupied structures. A person may be charged with criminal trespassing if they enter any of these areas without authorization. These spaces may or may not be marked as restricted areas. Certain types of spaces are handled differently under the law.
• Defiant trespassing — Defiant trespassing occurs when a person stays in an area or on a property after being warned, either verbally or by posted signs, that they aren’t allowed to be there. A person may also be charged with defiant trespassing if they enter a property with an implied warning sign, such as a fence or other enclosure.
• Peering into dwelling places — Peering is a form of trespassing that involves looking into a window or other opening and violating the property owner’s or resident’s reasonable expectation of privacy. Dwelling places may include homes, hotels, motels, tents, and recreational vehicles.

What Are the Penalties and Fines for Criminal Trespassing in New Jersey?

The penalties associated with a conviction for criminal trespassing in New Jersey include fines, probation, and imprisonment, varying depending on the charge.

Unlicensed entry is generally treated as a disorderly persons offense and carries penalties of up to six months in jail and a $1,000 fine. There is an exception when the trespass involves dwellings, schools, research facilities, utility company facilities and properties, certain areas of airports, and other facilities specified by the law. In these situations, unlicensed entry is a fourth-degree crime with penalties of up to 18 months in prison and a $10,000 fine.

Defiant trespassing is a petty disorderly persons offense and carries penalties of up to 30 days in jail and a $500 fine.

Peering into a dwelling is treated as a fourth-degree crime carrying penalties of up to 18 months in prison and a fine of up to $10,000.

Can I Go to Jail for a Criminal Trespassing Charge?

You can go to jail for criminal trespassing in New Jersey. Depending on the charge, you may face anywhere from a month in jail to 18 months in prison. The location where you trespass and the circumstances surrounding the offense will influence the jail time you receive, if any. Any prior criminal record or additional charges will also impact your sentence.

Criminal trespassing charges are serious and can have a range of negative effects on your life, so it’s critical to understand the possible consequences of a conviction. A strong defense can lead to reduced charges or even the dismissal of the charges.

What Are Some Defenses Against a Criminal Trespass Charge?

Here are three common defenses against a New Jersey criminal trespassing charge:

• The property was abandoned — In cases of unlicensed entry, a person cannot technically be convicted of trespassing on an abandoned property.
• The property was open to the public — If the property was open to the public and the defendant lawfully entered it, they might avoid a conviction for criminal trespassing.
• The property owner would’ve allowed the defendant to enter — If the defendant reasonably believed the property owner or resident would’ve allowed them to be on the property, the defendant may be able to avoid a trespassing conviction.

Is It Possible to Have the Charges Reduced or Dismissed?

An experienced defense attorney will have the knowledge and resources to fight to have your criminal trespassing charges reduced or dismissed altogether.

Depending on the circumstances surrounding your case, your attorney may be able to get you approved for New Jersey’s pre-trial intervention program. If you complete this court-supervised probation program, which lasts six months to three years, your charges could be dismissed.

Your attorney will have experience negotiating with prosecutors for reduced or dismissed charges and be able to provide insight into your options.

Contact a New Jersey Criminal Defense Lawyer

If you’ve been charged with criminal trespassing in New Jersey, you deserve a solid defense from an attorney with a strong track record of successfully handling this type of case. At The Law Office of Jason A. Volet, we have over 15 years of experience working with clients to protect their rights and achieve the most favorable outcomes possible. Contact us today to learn more about your legal options in a free consultation.

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