Monmouth County Trespassing Offense Lawyers

Trespass Defense Attorneys in Long Branch NJ

Trespassing is commonly thought of as something unimportant, a behavior primarily seen in teenagers exploring empty places or hanging out in the woods. That could be, but the charge of trespassing can be much more serious than that. According to New Jersey state law, trespassing is unlawful entry onto a property. There are different degrees of trespassing; some can land you in very hot water. If you have been charged with trespassing or know someone who has, a criminal attorney with experience representing defendants who have been accused of defiant trespass, peering, and unlawful entry of structures, could greatly benefit your situation.

Call the offices of Chamlin, Uliano & Walsh for a consultation if you face trespassing charges in Shrewsbury, Belmar, Red Bank, Tinton Falls, Asbury Park, Holmdel, and other towns across Monmouth County. Our attorneys can listen to understand your particular case and assess a variety of options for keeping the charges off your record. Our legal team will work hard to put together a defense that achieves the optimal outcome for your trespassing case and ensure that you are fully informed and advocated for in the process.

What the Law Says about Trespassing in NJ

According to N.J.S.A 2C:18-3 criminal trespassing occurs when you are on private property without the expressed permission of the property’s owner. Covertly staying in any building that is intended for employees within that structure only is trespassing. So, if the building administrators require all entrants to have official identification, anyone who comes in without permission is trespassing. A structure can also be a room, car, or another means of transportation. Essentially, the offense refers to being in a private structure without permission.

Criminal trespass also includes standing outside of a window or other part of a place that is established for sleeping accommodations, such as hotels, campers, tents, and cabins, to observe the people inside without their permission to violate the victim’s privacy. If a person has been told to leave private premises and refuses, or leaves and returns, he or she has committed trespassing if the order is given verbally, through a sign or verbal warning.

3 Basic Categories of New Jersey Trespassing Charges

Unlawful Entry of Structures

The first of these is the unlawful entry of structures. This law refers principally to public utility properties, schools, dwellings, and restricted airport areas. Public utilities include research buildings, power generators, waste treatment, sewage treatment, water facilities, utility company property, and nuclear electric plants.

Defiant Trespasser

The second category is that of a defiant trespasser. A defiant trespasser goes onto private property even when there is clear signage that entrance to said property is prohibited or there is a fence. Also, if a person enters a property after having been told not to enter or told to leave after having entered.

Peering – Looking Into Openings of Dwellings

The final category is looking into openings of dwellings (such as windows and doors) invading the privacy of someone who has no reason to expect they are being observed. This can occur in the victim’s home, hotel, motel, cabin, recreational vehicle, or other overnight accommodations.

Actions and Examples That Constitute a Trespass Offense

Some examples of defiant trespassing are when you are booted from a bar for bad behavior or being excessively intoxicated, and you finagle your way back in. Another instance would be if you were removed from a concert for starting a fight and were able to break free from security only to be found 30 minutes later on the opposite side of the venue.

An example of unlawful entry is if you sneak into a research and development building for cosmetics to take pictures of their animal testing areas for your vlog regarding animal testing and rights.

Finally, peeping through windows and doors is exemplified when a person watches someone through the windows or door of a private accommodation. The victim has no reason to suspect that they are being watched. A person standing outside a bedroom window or some French doors made chiefly of glass would fall into this category.

How NJ Penalizes Trespassing Offenders

For entering a building without authorization, the standard charge is a disorderly persons offense for trespassing. This charge carries a penalty of possible six months in jail and a $1,000 fine. Trespassing in a home, school, research facility, or public utility facility is a fourth-degree crime. Trespassing by looking into windows, otherwise known as “peering” or a “peeping Tom” offense, is also a fourth degree crime. These types of trespassing can levy a fine of up to $10,000 and 18 months in jail.

As a petty disorderly person offense, defiant trespassing could cause financial restitution and a suspension of the defendant’s driver’s license, as well as 30 days in jail and a $500 fine. Most other trespassing charges are disorderly persons offenses where a fine of $1,000 and a jail term of up to six months are applicable.

Consequences for a First-Time Offender

A trespassing charge may be a mild one. A first-time offender will, in all likelihood, not receive jail time if convicted. But it is not in their best interest to sign off on a guilty plea because even a petty disorderly persons conviction will appear on their criminal record. If they are charged with a fourth-degree crime, that is comparable to a felony charge and makes it very difficult to obtain employment, lease a rental property, or obtain a loan. No matter your criminal record, it behooves you to consult with a criminal attorney about your wisest decision.

Legal Implications for a Juvenile Offender

As most juvenile trespassing convictions are for minor offenses, jail time is not usually given. In juvenile court, the focus is on rehabilitation. The judge may decide to resolve things through the Juvenile Conference Committee, have the juvenile’s family pay restitution, or order obligatory community service.

Are Trespassing Offenses Subject to Expungement in New Jersey?

If the defendant has not been convicted of any charges that would prevent them from obtaining an expungement, such as robbery, sex crimes, or other violent crimes. There is a specific process to petition the court for an expungement that your attorney would best handle as it requires various filings and is rather complex. It is essential to acknowledge that you cannot have more than five disorderly persons offenses, three disorderly persons, and an indictable offense.

State v. Gibson Decision

The defendant in the case State v. Gibson was charged with defiant trespassing. He had been resting against a post attached to a corner building where a “no loitering” sign had been posted. When the police were called, Gibson immediately left the premises without any hassle. He was followed by an officer who stopped and questioned him, eventually arresting him on the charge of trespassing. The judge found him not guilty because the posted sign did not indicate potential prosecution for loitering. Also, the sign indicated “no loitering,” not “no trespassing.” The arresting officer did not warn Gibson at any time, and for those reasons, he was found not guilty of trespassing.

Talk to a Seasoned Belmar Trespassing Attorney for Your Defense Today

Trespassing is a charge that seems minor at first, but depending on the degree of the charge, you could be given an 18-month sentence and a $10,000 fine. Now is not the time to take chances. Due to the great disparity between the possible sentences for trespassing, you need the guidance and support of an experienced criminal lawyer who can analyze and respond to your unique situation. Our criminal defense attorneys have a lengthy history of case successes in Monmouth County and throughout Southern New Jersey. We can examine the evidence in your case and work diligently to get you a plea deal, reduced sentence, or even a dismissal of the charges.

Chamlin, Uliano & Walsh provides our clients with years of experience, practical knowledge, and unwavering representation in Neptune, Eatontown, Little Silver, Middletown, Freehold, and many other cities in New Jersey. We make sure your rights are protected as we work to get you the best possible result. We know that dealing with a criminal case and its possible consequences can be frightening, but our record speaks for itself. Let us thoroughly study your case and advocate for you.

It is best to get started as soon as possible if you want to achieve a solid defense. Call (732) 440-3950 or fill out the online contact form to get in touch with an attorney on our team. We look forward to hearing from you.