Elizabeth, NJ Trespassing Charge Attorney

Trespassing is a common charge in New Jersey, but the laws and penalties can vary depending on the circumstances. A trespassing charge in New Jersey can expose you to possible jail time, fines, and a criminal record. A New Jersey Trespassing charge is codified under New Jersey Criminal Code NJSA 2C:18-3. If you or a loved one is facing a trespassing charge in New Jersey, then it is important to contact an attorney right away. If you are seeking legal representation in New Jersey, particularly in the areas of trespassing, burglary, robbery, or kidnapping charges, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is facing a trespassing charge in New Jersey, it is important that legal assistance is sought. Contact our criminal justice law firm today to discuss your potential trespassing case.

Definition of Trespassing Charge in New Jersey

Trespassing charge, in its simplest form, involves entering or remaining on property without permission from the owner or lawful occupant. New Jersey law defines various trespassing offenses, each with its own specific elements and penalties. As mentioned previously, New Jersey trespassing charge is codified under NJSA 2C:18-3. According to NJSA 2C:18-3, the law of trespassing  in New Jersey is defined as:

1. Unlicensed entry of structures. A person commits an offense 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, or
   • in or upon utility company property, or
   • in the sterile area or operational area of an airport.
     1. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property.
     2. The offense is a crime of the fourth degree if it is committed in a dwelling (house, apartment, etc.).

• An offense under this section is a crime of the fourth degree if it is committed in a 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.

1. An offense under this subsection is a crime of the fourth degree if it is committed in or upon utility company property.
2. An offense under this subsection is a crime of the fourth degree if it is committed in the sterile area or operational area of an airport.

1. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
   • Actual communication to the actor; or
   • Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
   • Fencing or other enclosure manifestly designed to exclude intruders.
2. Peering into windows or other openings of dwelling places. A person commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he peers into a window or other opening of a dwelling or other structure adapted for overnight accommodation for the purpose of invading the privacy of another person and under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed.

Types of Trespassing in New Jersey

• Defiant Trespasser: This is the most common trespassing charge, occurring when someone enters or remains on the property after being told to leave or when there are “No Trespassing” signs posted.
• Unlicensed Entry of Structures: This offense involves entering a structure, such as a building or vehicle, without permission. This can be more serious than defiant trespass if the structure is considered a dwelling or sensitive location.
• Peering: This involves looking into a dwelling or other private place without permission. This is commonly referred to as a ‘peeping Tom’.
• Criminal Trespass: This is the most serious trespassing offense, involving entering or remaining on property with the intent to commit another crime, such as burglary or theft.

Elements of NJ Trespassing Charges

Unlicensed Entry of Structures 2C:18-3(a)

For any trespassing charge, it is the prosecution’s burden to prove each element beyond a reasonable doubt. Failure to prove just one element must result in finding the defendant not guilty. According to the New Jersey Model Jury Charge for Unlicensed Entry of Structures (2C:18-3(a)), the prosecutor must prove the following elements beyond a reasonable doubt:

1. That the defendant (entered) (surreptitiously remained)3 in any (research facility) (structure) (or a separately secured or occupied portion thereof), and
2. That the defendant did so knowing that (he/she) had no right to enter or to be there at that time.

The New Jersey Model Jury Charge defines the term ‘knowing’ as the “defendant was aware that he/she was not licensed or privileged to (enter) (surreptitiously remain) in (building, structure, research facility, etc.) or that defendant was aware of the high probability that he/she was not so licensed or privileged.”

For the prosecutor to prove a trespassing charge of Peering (2C:18-3(c)), per the New Jersey Model Jury Charge the prosecutor must prove the following elements beyond a reasonable doubt:

1. That the defendant peered into a window (or other opening) of a dwelling (or other structure adapted for overnight accommodation);
2. That the defendant did so knowing that he/she had no right to peer at that time;
3. That the defendant did so for the purpose of invading the privacy of another person;
4. That the defendant did so under circumstances in which a reasonable person in the dwelling (or other structure adapted for overnight accommodation) would not expect to be observed.

Remember, the prosecutor must prove all four (4) elements beyond a reasonable doubt to secure a conviction for the Trespassing Peering charge (2C:18-3(c)). If the prosecutor fails to prove just one element, then the jury must find the defendant not guilty.

Penalties for Trespassing Charges in New Jersey

The penalties for trespassing in New Jersey vary depending on the type of offense and the severity of the circumstances. Here’s a general overview:

• Defiant Trespasser: This is a petty disorderly persons offense (petty misdemeanor), punishable by up to 30 days in jail and a fine of up to $500.
• Unlicensed Entry of Structures: This is typically a disorderly persons offense, punishable by up to 6 months in jail and a fine of up to $1,000. However, if the offense occurs in certain locations like schools or research facilities, it can be elevated to a fourth-degree crime which carries up to eighteen (18) months in prison and a fine of up to $10,000.
• Peering: This is a fourth-degree crime, punishable by up to 18 months in prison and a fine of up to $10,000.
• Criminal Trespass: This can range from a disorderly persons offense to a fourth-degree crime, depending on the underlying crime intended.

As you can see, the penalties for a New Jersey trespassing charge in New Jersey can have serious and lasting consequences. Contact our office today to discuss your case.

Defenses to Trespassing Charge in New Jersey

If you are facing trespassing charges in New Jersey, there may be defenses available. However, each defense may not apply to every case. This is why it is important to discuss your case with a lawyer. Some defenses that might be available for a New Jersey trespassing charge are the following:

• Mistake of fact: You unknowingly entered the property or believed you had permission. Since trespassing requires the person to knowingly be on the property unlawfully, arguing that you did not realize you were trespassing could defeat the charges. For example, if signs or fencing were not clear, or if you had permission from someone who was not the owner.
• Consent: The owner or lawful occupant actually gave you permission to be on the property. It is not criminal trespass to enter or remain in a place with the consent of the owner or a person in charge, unless you exceed the scope of the consent or the consent is withdrawn.
• Public necessity: You entered the property to avoid imminent harm to yourself or others.
• Public access: It is not criminal trespass to enter or remain in a place that is open to the public, unless you go somewhere that the public is not permitted, or you refuse to leave after being asked by the owner or a person in charge.

New Jersey allows for affirmative defenses when facing a trespassing charge. In New Jersey law, an affirmative defense is a legal strategy where the defendant admits to the act they are accused of but introduces evidence that justifies or excuses their actions, essentially shifting the burden of proof to the prosecution. Unlike simply denying the accusations, an affirmative defense acknowledges the act but presents additional legal reasons why the defendant shouldn’t be found guilty. The law allows for the following affirmative defenses when facing a trespassing charge:

• It is an affirmative defense to prosecution that:
  1. A structure involved in an offense under “Unlicensed entry of Structures” was abandoned;
  2. The structure was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the structure; or
  3. The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of “Peering” to peer inside the structure, building, or dwelling.

It is important to note that this is just a general overview of defenses to trespassing laws in New Jersey. The specific details of your case may differ.

Federal Trespassing Law

There is no single federal law on trespassing, but there are different federal laws that apply to specific types of property or situations. For example, some of these laws are:

25 CFR § 11.4111: This law prohibits trespassing on Indian lands, which are lands within the boundaries of an Indian reservation or held in trust by the United States for an Indian tribe or individual. The penalty for violating this law can be up to six months in jail and a $500 fine.

36 CFR § 2.312: This law prohibits trespassing, tampering, and vandalism in national parks, which are areas of land or water administered by the National Park Service for the preservation of natural, cultural, or historical resources. The penalty for violating this law can be up to six months in jail.

18 U.S.C. § 17523: This law prohibits trespassing on a restricted building or grounds, which are any buildings or grounds where the President, Vice President, or other people protected by the Secret Service are visiting or residing, or any buildings or grounds designated as special events of national significance. The penalty for violating this law can be up to one year in prison or up to 10 years in prison.

Frequently Asked Questions (FAQs) 

• Question: I was charged with trespassing in New Jersey since I didn’t leave the bar, can they convict me?
  • Answer: In New Jersey, trespassing is defined as unlawfully entering or remaining on a property without permission. The law distinguishes between different forms of trespassing, such as unlicensed entry of structures, defiant trespassing, and peering into windows or other openings of dwellings. If you remained in the bar after being asked to leave, it could potentially be considered defiant trespassing, which is classified as a petty disorderly persons offense. This type of trespassing occurs when a person enters or remains in a place despite being notified by the owner not to trespass, which can be communicated through various means such as orally, in writing, or by fencing designed to exclude intruders.
• Question: Can a New Jersey trespassing charge have immigration consequences?
  • Answer: A trespassing charge in New Jersey, classified as a disorderly persons offense, may have immigration consequences, especially if the individual does not have legal immigration status in the U.S. Such a charge could potentially lead to removal or deportation proceedings.
• Question: Can I be charged with trespassing in New Jersey even though I left once they asked me to?
  • Answer: In New Jersey, if you leave promptly after being asked to do so, it generally would not constitute trespassing. Trespassing charges typically arise when an individual enters or remains on a property without permission and does not leave after being asked to by the owner or an authorized person. However, the specifics of each situation can vary, and other factors may come into play that could affect the outcome of a trespassing charge. 

Top-Tier New Jersey Trespassing Charge Lawyer

Choosing the right lawyer to defend you on your New Jersey trespassing charge is an important decision. There are many reasons why you might consider hiring Brett M Rosen as your attorney. Here are some of them:

• He has been recognized as one of the top criminal defense attorneys of 2023.
• He has been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive.
• He has tried numerous cases and has stood ‘toe to toe’ at trial against current and former prosecutors, certified criminal and civil trial attorneys, as well as a certified matrimonial attorney.
• He has handled some high-profile cases involving celebrities and reality stars and got them dismissed.
• He has received positive reviews from his clients, who describe him as a true winner, an advocate, professional, well prepared, thorough, methodical, aggressive, and relentless.
• He also handles personal injury cases and has settled close to $1 million of P.I. cases within three months.

Of course, these are just some of the factors that you might want to consider when choosing Brett M. Rosen as your attorney for a trespassing charge in New Jersey.

Contact our office today to discuss your trespassing charge.