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NJ Trespassing charges
3 ways to be found Not Guilty

NJ Trespassing Charges

Our Approach

NJ Trespassing charges can take many forms. If you are charged with trespassing, please call us.
You will benefit from our extensive trial experience. Most importantly, we will be honest about your chances of winning your case.
We never guarantee results. However, we absolutely guarantee that we will aggressively fight for you!

Your case is as important to us as it is to you.  Each case is different and we welcome the opportunity to protect & defend you.

When you hire us, you will get complete access to us. We respond to all communications & love answering questions.
Our fees are reasonable and we offer payment plans.

NJ Trespassing Charges & The Law

NJ Trespassing Charges Law can Be Found Here (N.J.S.A. 2C:18-3)

If you’re facing NJ Trespassing charges, you may want to read the actual law.

However, we took the extra step and broke it down for you.

I. Unlicensed Entry of Structures

A person commits unlicensed entry when he or she enters a building without authorization. If a person trespasses another person’s home or a property belonging to a school, he or she could be charged with fourth-degree trespassing, which can lead to six (6) months in jail and a $1,000.00 fine.

 

II. Unlawful Peering Into Windows

These types of NJ Trespassing charges are called “unlawful peering”.

It is a fourth-degree criminal offense, subjecting you to six (6) months in jail and a $1,000.00 fine. 

III. defiant trespass

You may be charged with defiant trespassing when you enter a property despite having been given the notice to stay off the premises.

Notice may be provided verbally or through a sign.

Defiant trespassing is considered one of the more serious NJ Trespassing charges. 

You face a criminal conviction and getting up to 30 days in jail.

Defenses To NJ Trespassing Charges

(1) The "place" you entered was abandoned;

If you’ve been charged with trespassing in NJ because you entered a “structure”, it is important to determine whether or not that structure was “abandoned”. A building may appear to be abandoned because the owner does not maintain it in good condition. However, the owner may have security cameras that notify him if someone has entered the building. He calls the police and you are charged with trespassing.

Our defense strategy would consist of visiting the structure to take pictures of its appearance. If a reasonable person believed that the structure was indeed abandoned, we would use this in your defense.

(2) The "place" was open to members of the public and you
complied with all lawful conditions imposed on access to or remaining in the structure

This means that you had every right to be on the property. Trespassing charges under this section of the law have to with situations where people overstay their visit. Yes, you were allowed to be on the property since it was open to the public but you did not leave at closing time.

These situations are common at bars, nightclubs, and restaurants where patrons do not want to leave. However, you still have legal defenses available. For example, if you were in the lobby of the bar after closing time because you were waiting for a taxi, we would use this evidence in your defense.

(3) You "reasonably believed" that the owner of the place "consented" to your actions.

This defense involves situations where a property owner always gave you permission to enter his property until he didn’t. For example, you and your neighbor have an excellent relationship. You help each other with many things & entering your neighbor’s house was never an issue. 

However, at some point, things went downhill. You argued over something and had a falling out. One day you enter his home because that’s what you’ve been doing for years. He calls the police and accuses you of trespassing. 

In this situation, we would have to show that although you had a falling out, your neighbor never made it expressly known to you that you could no longer enter his home.

Do NJ Trespassing charges stay on your record?

If you are convicted of NJ Trespassing charges, these charges will stay on your record for years depending on the type of case you have.

If i'm innocent, can i get a trial?

You absolutely have a right to a trial.
Our NJ Trespassing charges lawyers will prepare your defense and take your matter to trial.
Remember: You are presumed innocent until proven guilty.

important tip: Be Patient! You will Get Your Day in Court

Remember, when you talk to a police officer, everything you say can & will be used against you.
Do not try to explain your story to a police officer. There is always time for that.
If you make a mistake while you are telling your story to a police officer, this becomes evidence against you.
Be patient and hire a NJ Trespassing lawyer to help you with your criminal case.

famous NJ Trespassing Charges cases

  • State v Hamilton – A criminal complaint charging defendants with defiant trespassmisidentified location of the trespass as municipal property, when in fact it was county property…
  • State v Besson – Defendant was convicted before the Municipal Court of Roselle of interfering with school assembly and trespass of school property and he appealed. The County Court, Stamler, N.F., J.C.C., held that where teacher’s ‘vigil of protest’ was confined solely to one area of school’s parking lot where he and others with him were quiet and…
  • State v Gibson – The circumstances warranting an objectively reasonable police officer finding probable cause for defiant trespass, according to the State, include Gibson’s leaning on the porch of the Omega property, the officer’s knowledge that the property was in a high-crime area, prior complaints of the…

NJ Trespassing Charges N.J.S.A. 2C:18-3


         a. 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.

An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property.

The offense is a crime of the fourth degree if it is committed in a dwelling.

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.

An offense under this subsection is a crime of the fourth degree if it is committed in or upon utility company property. Otherwise, it is a disorderly persons offense.

          b. 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:

(1) Actual communication to the actor; or

(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

(3) Fencing or other enclosure manifestly designed to exclude intruders.

           c. Peering

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.

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey complex as well as nearby cities. The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Practice Areas:

Below, you will find a few of our practice areas.

Areas We Serve

Our Hackensack criminal lawyers represent clients in Bergen County & nearby counties & cities.