Trespassing Charge Attorney New Providence, NJ

Have you been accused of trespassing in New Providence, New Jersey? Don’t underestimate the potential consequences. A trespassing conviction can result in fines, jail time, and a lasting criminal record that can impact your future. Whether you’ve been wrongly accused or believe you had a legitimate reason to be on the property, it’s crucial to seek legal counsel immediately. The Law Office of Brett M. Rosen, Esq. is committed to providing aggressive and effective defense against trespassing charges. We understand New Jersey’s complex trespassing laws and the local nuances of the New Providence Municipal Court. Our goal is to protect your rights, minimize the impact on your life, and secure the best possible outcome for your case.

Why Choose Brett M. Rosen, Esq. for Your New Providence Trespassing Case?

• Proven Success: Our firm has a strong track record of successfully defending clients against trespassing charges in New Providence and throughout Union County. We have achieved dismissals, reduced charges, and favorable resolutions for numerous individuals, minimizing the impact of these charges on their lives.
• Personalized Attention: We understand that each case is unique and deserves individual attention. We take the time to listen to your story, understand your concerns, and develop a personalized defense strategy designed to protect your rights and interests.
• Compassionate Advocacy: We recognize the stress and anxiety associated with criminal charges. We provide compassionate and supportive legal representation, guiding you through the legal process every step of the way and advocating for your best interests in and out of court.

Understanding Trespassing Laws in New Providence, NJ

Trespassing in New Providence, New Jersey is defined as knowingly entering or remaining on someone else’s property without permission. The law recognizes several types of trespassing offenses, each carrying different penalties:

• Defiant Trespass (Petty Disorderly Persons Offense): This occurs when someone enters or remains on property after being told to leave by the owner, occupant, or authorized person. It is punishable by up to 30 days in jail and a fine of up to $500.
• Criminal Trespass (Fourth-Degree Crime): This occurs when someone enters or remains on property knowing that they are not licensed or privileged to do so. It is punishable by up to 18 months in prison and a fine of up to $10,000.
• Burglary (Third-Degree Crime): This occurs when someone enters a structure with the intent to commit a crime inside. It is punishable by 3-5 years in prison and a fine of up to $15,000.

Possible Defenses Against Trespassing Charges

A strong defense can significantly impact the outcome of your trespassing case in New Providence, NJ. We will explore all possible defenses, including:

• Lack of Intent: The prosecution must prove that you knowingly entered or remained on the property without permission. We can argue that you were unaware that the property was private, that you had a reasonable belief that you had permission, or that you entered the property for a legitimate purpose.
• Consent or Permission: If you had permission to be on the property, either explicitly from the owner or implicitly due to the circumstances, this can be a valid defense.
• Necessity: In some situations, trespassing may be justifiable if it was necessary to prevent harm to yourself or others, such as seeking shelter during a storm or escaping danger.
• Lack of Notice: If there was no clear indication that the property was private or that you were not allowed to enter (e.g., lack of “No Trespassing” signs or fencing), this could be a defense.
• Constitutional Challenges: We may challenge the constitutionality of the trespassing law or the way it was applied in your case, depending on the specific circumstances.

Frequently Asked Questions (FAQs)

• What should I do if I’m accused of trespassing in New Providence?
  
  • Do not admit to any wrongdoing. Politely decline to answer questions and ask to speak to an attorney.
• Can I be charged with trespassing even if I didn’t know I was on private property?
  
  • Yes, in some cases, you can be charged with trespassing even if you were unaware that the property was private. However, this can be a potential defense that we can explore.
• What is the difference between defiant trespass and criminal trespass?
  
  • Defiant trespass involves entering or remaining on property after being told to leave by the owner or occupant, while criminal trespass involves knowingly entering or remaining on property without permission, regardless of whether you were asked to leave.
• Can a trespassing charge be expunged from my record?
  
  • In some cases, yes. New Jersey has expungement laws that allow for certain offenses, including some trespassing charges, to be removed from your record after a waiting period. However, eligibility depends on the specific offense and your criminal history.
• Do I need a lawyer for a trespassing charge?
  
  • While it’s not mandatory, having an experienced lawyer can significantly improve your chances of a successful outcome. An attorney can investigate the facts of your case, build a strong defense, negotiate with the prosecutor, and represent you in court.

Don’t Face Trespassing Charges Alone – Contact Brett M. Rosen, Esq. Today

If you’re facing trespassing charges in New Providence, NJ, don’t let fear or uncertainty hold you back. Brett M. Rosen, Esq. is here to protect your rights and fight for the best possible outcome. We offer a free consultation to discuss your case, answer your questions, and develop a personalized defense strategy.

Call us today at 908-312-0368 to schedule your free consultation.