Criminal Trespass - New Jersey
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Criminal Trespass and Unlicensed Entry in New Jersey
In New Jersey, the law defines Criminal Trespass and Unlicensed Entry in a variety of ways.
Jumping a fence to enter the school’s playground may result in you being charged with Criminal Trespass and Unlicensed Entry.
But you may also be charged with Criminal Trespass and Unlicensed Entry if you “crash” a party and remain there after being asked to leave.
Under (NJSA 2C:18-3)
You may be charged with Criminal Trespass and Unlicensed Entry if you enter or surreptitiously remain in a structure, while knowing that you are not licensed or privileged to be there. Graffiti artists get charged with this quite frequently.
You may also be charged with Criminal Trespass and Unlicensed Entry if you enter or surreptitiously (secretly) remain in a structure where there is a notice against trespassing. The notice can take many forms.
It can be made by an actual communication to you, a posted sign, or by a fence or similar enclosure designed to exclude intruders. This is called “defiant trespass”.
Finally, you may also be charged with Criminal Trespass and Unlicensed Entry if you peer into a window or other opening of a dwelling “adapted for overnight accommodation”for the purpose of invading someone’s privacy. This includes taking a video of someone with your smartphone while they are engaged in an “intimate” situation.
Consequences & Penalties of Disorderly Conduct
In New Jersey, a Criminal Trespass and Unlicensed Entry can be charged as a fourth-degree crime or a disorderly persons offense depending on the facts of the case.
For example, if you are charged with Criminal Trespass and Unlicensed Entry in a school building, you will be facing a fourth-degree indictable charge. This means you could be sentenced to 18 months in jail.
Click here to learn, “How Are Crimes Graded in New Jersey?”
On the other hand, if you sneak into a bar through a door with a “No Entry” sign posted on it, you may be charged with Criminal Trespass and Unlicensed Entry as a disorderly persons offense, or as a petty disorderly persons offense.
If you get into a fight in that bar, you may even be charged with Burglary.
We are skilled criminal defense attorneys. Call us if you are charged with Criminal Trespass and Unlicensed Entry. We know how to evaluate your case and best defend you.
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