Trespassing Charges in Mountainside, NJ? Brett M. Rosen, Esq. Provides Experienced Defense
Trespassing Charge Attorney Mountainside, NJ
Have you been accused of trespassing charges in Mountainside, New Jersey? Whether you’re facing a simple misunderstanding or a more serious allegation, a trespassing charge can have significant consequences on your record and future. Don’t face this alone.
Brett M. Rosen, Esq. is a highly experienced criminal defense attorney with a deep understanding of New Jersey’s trespassing laws. We offer aggressive representation and personalized legal strategies to help you navigate the Mountainside Municipal Court system and achieve the best possible outcome.
Understanding Trespassing Charges in Mountainside
Under New Jersey law, trespassing involves entering or remaining on someone else’s property without permission or legal authorization. There are different types of trespassing offenses, each with varying penalties:
- Defiant Trespass: Entering or remaining on property after being told to leave by the owner or someone with authority. This is a petty disorderly persons offense.
- Criminal Trespass: Entering or remaining on property knowing that you don’t have permission or the legal right to be there. Depending on the circumstances, this can be a disorderly persons offense or a fourth-degree crime.
- Burglary: Entering a structure with the intent to commit a crime. This is a more serious offense with potentially severe penalties.
Penalties for Trespassing in Mountainside
The consequences of a trespassing conviction can vary depending on the specific charge and your prior record. However, potential penalties may include:
- Fines: Up to $1,000 for disorderly persons offenses, and up to $10,000 for criminal trespass.
- Jail Time: Up to 6 months for a disorderly persons offense and up to 18 months for criminal trespass.
- Criminal Record: A conviction will remain on your record, potentially impacting future employment, housing, and other opportunities.
| Offense | Type of Offense | Potential Penalties |
| Defiant Trespass | Petty Disorderly Persons Offense | |
Up to 30 days in jail | ||
| Fine up to $500 | ||
Possible community service | ||
| Criminal Trespass | Fourth-Degree Crime (specific locations) | |
Up to 18 months in prison | ||
Fine up to $10,000 | ||
| Burglary | Third-Degree Crime (unoccupied structure) | |
3-5 years in prison | ||
Fine up to $15,000 | ||
| Burglary | Second-Degree Crime (occupied structure) | |
5-10 years in prison | ||
Fine up to $150,000 |
Important Notes:
- Specific Locations: Criminal trespass becomes a fourth-degree crime if it occurs in certain locations, such as schools, research facilities, power plants, or other sensitive areas.
- Intent to Commit a Crime: The key difference between criminal trespass and burglary is the intent to commit a crime upon entering the structure.
- Prior Offenses: Penalties can increase for repeat offenders.
Common Defenses to Trespassing Charges
Our firm will work diligently to build a strong defense on your behalf. Potential defenses against trespassing charges include:
- Lack of Intent: We can argue that you did not knowingly or intentionally trespass, perhaps due to a misunderstanding or lack of proper signage.
- Necessity: In rare cases, entering property to prevent imminent harm or danger may be a valid defense.
- Consent: If you had express or implied permission from the property owner or someone with authority, this can be a strong defense.
- Public Property: Proving that the property was publicly accessible or that you were exercising a legal right to be there.
- Unlawful Arrest: If your arrest was unlawful, any evidence obtained may be inadmissible in court.
Frequently Asked Questions (FAQs)
- What should I do if I’m charged with trespassing? The first step is to consult with an experienced criminal defense attorney who understands trespassing laws in Mountainside, NJ.
- Can I get a trespassing charge expunged from my record? In some cases, it may be possible to expunge a trespassing charge from your record after a certain period, depending on the nature of the charge and your criminal history.
- Will a trespassing charge affect my immigration status? If you are not a U.S. citizen, a trespassing conviction could have immigration consequences. It’s crucial to seek legal counsel from an attorney who can advise you on your specific situation.
Don’t Let a Trespassing Charge Define Your Future
If you’re facing a trespassing charge in Mountainside, NJ, the legal team at Brett M. Rosen, Esq. is ready to help. We’ll fight tirelessly to protect your rights, reputation, and future.
Call us today at 908-312-0368 for a free consultation.