Our attorneys defend Hudson County trespass offenses resulting from many scenarios although violations involving rail facilities maintained by the Port Authority or NJ Transit (e.g. Light Rail) in Hoboken, Jersey City, Secaucus and Weehawken definitely account for the highest numbers. This article is intended to provide you with an understanding of what you are up against irrespective of the context in which you were charged with criminal trespass. You should know as a starting point that this charge results in a record that will impact your future irrespective of the grade of N.J.S.A. 2C:18-3 you are facing. Selecting the best attorney to defend you is probably the most powerful tool you possess to avert this and other negative consequences.
We are the Law Offices of Jonathan F. Marshall, a criminal defense firm with offices in both Jersey City and Hoboken. Our team of accomplished lawyers includes ten (10), most of whom have over fifteen (15) years of experience and are former prosecutors. A highly knowledgeable member of our firm is prepared to fight to obtain a criminal trespass acquittal in your case. To speak to a lawyer that is skilled in navigating the court system and defending criminal trespass, call 201-309-0500 anytime 24/7.
Trespassing Charge in Hudson County
The offense known as criminal trespass is outlined at N.J.S.A. 2C:18-3 of the New Jersey Criminal Code. A core requirement for a violation of this statute is entry onto property of another without a license or privilege. The specific elements of proof that must be presented, beyond reasonable doubt, to secure a conviction for each grade of trespass are set forth in the headings below.
Fourth Degree Criminal Trespass. The state must prove that you: (1) entered or secretly remained; (2) on property that was a school, dwelling, research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds, or utility company property; and (3) when you knew that you did not have a license or privilege to occupy the premises.
Disorderly Persons Offense for Criminal Trespass. When you enter property other than the type set forth in (2) above, an unlicensed entry meeting the elements for fourth degree trespass results in a disorderly persons offense.
Petty Disorderly Persons Offense for Defiant Trespass. You commit this variety of violation where the state can prove that you: (1) knew you lacked a license or privilege to occupy a property; (2) entered or surreptitiously remained on property; and (3) there was actual communication not to trespass, a posted sign said this was the case or there was a fence or other barrier evidencing that intruders were unwanted.
Peeping Tom Scenarios. A form of trespass titled “peering into windows or other openings of dwelling places” is contained at N.J.S.A. 2C:18-3(c). You commit this fourth degree crime when you: (1) know you don’t have a license or privilege; (2) to look into a window or opening of a dwelling or other structure used for overnight accommodation; (3) for the purpose of invading privacy; and (4) the circumstances are such that a reasonable person in the structure would not anticipate being observed.
What are the Penalties for Trespass?
If you are convicted of criminal trespass in the fourth degree, the penalties are up to eighteen (18) months in a New Jersey State Prison and a $10,000 fine. If convicted of a disorderly persons for trespassing, a you face up to six (6) months in a Hudson County Jail and up to a $1,000 fine. Lastly, if convicted of a petty disorderly persons offense for criminal trespass (e.g. defiant trespass or unlicensed entry), you are subject to up to thirty (30) days in the Hudson County Jail and up to a a $500 fine. With that being said, a experienced Hudson County criminal defense lawyer may be able to convince the Judge that you deserve the opportunity to participate in one of New Jersey’s diversionary programs (i.e. Conditional Dismissal & Pretrial Intervention). For more information on these programs please check out our conditional dismissal and pretrial intervention articles by clicking on the related link.
Jersey City Trespassing Offense Lawyers
The Law Office of Jonathan F. Marshall has eight Jersey City trespassing attorneys on staff, making our office one of the largest criminal defense firms in the State let alone Hudson County. Our attorneys have been representing defendant’s charged with criminal trespassing, heroin possession, cocaine distribution and aggravated assault for over fifteen years. If you would like to speak to one of our Union City, NJ trespassing defense lawyers, please contact our Jersey City office at (201) 309-1800.