Sparta Trespassing Lawyers
Criminal Defense Attorneys in Sussex County and Warren County, New Jersey
The New Jersey Criminal Code establishes different criminal offenses for the unlicensed entry of structures, defiant trespassing and peering into dwelling places. In other words, going onto someone else’s property or entering a structure without permission is a criminal offense. Similarly, being a peeping-tom or looking into another’s window with the purpose of invading a person’s privacy is also crime in New Jersey. The underlying theme is simple: we expect others to respect our property and privacy. Thus, if you are accused of entering another person’s property without permission or peering into their windows, you are facing either a fourth degree crime or a disorderly person’s offense depending on the circumstances. In any event, the trespassing defense attorneys at the Tormey Law Firm have handled thousands of trespassing cases and they are ready to defend you against any and all allegations of trespassing.
The Tormey Law Firm is a team of highly skilled, award-winning criminal defense lawyers who regularly appear on behalf of clients in municipal and superior courts in Sparta, Vernon, Phillipsburg, Hopatcong, and throughout Sussex County and Warren County, New Jersey. With their knowledge and dedication, they have been able to achieve superior results and have developed an exceptional reputation. In fact, the firm’s founder, Travis J. Tormey, has earned the Client’s Choice Award from Avvo.com every year for the last 4 years. Contact the Tormey Law Firm today at 973-755-1695 to receive a free initial consultation and learn more about how they can fight for you.
Trespassing Defense Lawyer in Hopatcong NJ
According to N.J.S.A. 2C:18-3(a), 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. An offense under this section is a crime of the fourth degree if it is committed in a school or on school property, a dwelling, a research 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, utility company, or sterile area or operational area of an airport. Otherwise, it is a disorderly person’s offense.
As for defiant trespassing, pursuant to N.J.S.A. 2C:18-3(b), 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: actual communication to the actor, or posting in a manner prescribed by law or reasonably likely to come to the attention of intruders, or fencing or other enclosure manifestly designed to exclude intruders.
When it comes to peering (often referred to as peeping-tom) offenses, N.J.S.A. 2C:18-3(c) sets forth that a person commits a crime of the fourth degree if, knowing that he is not licensed 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.
Criminal Trespass Punishments
Whether you are charged with an offense for the unlicensed entry of a structure, defiant trespassing or peering into a structure the penalties are as follows: for a fourth degree crime – up to eighteen months in prison and up to a $10,000 fine; and for a disorderly persons offense – up to six months in jail and up to a $1,000 fine.
Defenses for 2C:18-3 Charges
According to the statute, affirmative defenses to trespassing include:
- A structure involved in an offense under subsection a. was abandoned;
- The structure was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the structure; or
- The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of subsection c. of this section, to peer.
Despite the defenses available, if you have a trespassing offense in the State of New Jersey as mentioned above, you may be exposed to jail time and hefty fines and court costs. It is important to have a knowledgeable attorney on your side so you understand the charges ahead and their impact on your future.
Frankford Trespassing Defense Attorneys Fight for You
If you or someone you love has been accused of trespassing or another criminal offense in Sussex County or Warren County, contact the experienced trespassing defense lawyers at the Tormey Law Firm to learn more about the charge, potential consequences, and how to successfully defend your case in court. We are available 24/7 to provide consultations free of charge.