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Trespassing

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William A ProettaReviewsout of 30 reviews Keith G OliverReviewsout of 55 reviews

Trespassing Lawyers in Bridgewater NJ

If you have been arrested and charged with trespassing, burglary, shoplifting, disorderly conduct, resisting arrest or any other offense for that matter in Hunterdon or Somerset County, the criminal defense attorneys at Proetta & Oliver can help. An individual can be charged with trespassing for a variety of different reasons, however the most common fact scenario involves a situation wherein which the individual is removed from a bar and they try to re-enter. As you will see below, trespassing is a petty disorderly persons offense in New Jersey. That is New Jersey’s version of a misdemeanor. Therefore, if convicted, not only will an individual be scared with a criminal record but they will also be facing a potential jail as well. As you can tell, these are serious charges and should not be taken lightly. If you would like to speak to one of our criminal defense attorneys about your options then please contact us directly at (908)533-1064. Our attorneys are available immediately for a free consultation.  

The criminal defense attorneys at Proetta & Oliver have been defending clients accused of trespassing in courts throughout New Jersey, including courts throughout Hunterdon and Somerset County for years now. At Proetta & Oliver we are well aware that no two clients let alone no two cases are the same. As such, we take a tremendous amount of pride in being able to adapt our representation to fulfill your needs, whether that be a trial, motion practice or negotiating a favorable plea. If you are facing charges for stalking, harassment, simple assault, false imprisonment, trespassing or theft, let the criminal defense attorneys at Proetta & Oliver help. We serve all of Somerset and Hunterdon County, including towns like Bridgewater, Clinton, Flemington, Montgomery, South Bound Brook, Bernards, Bedminster, Watchung, North Plainfield, Raritan and Readington. If you would like to schedule a free consultation today with one of our Somerset County criminal defense lawyers then please contact us at (908)533-1064.

Watchung NJ Trespassing Defense Attorneys

Trespassing Charges in NJ: NJSA 2C:18-3

An individual will most likely be charged with trespassing in New Jersey if it is alleged that they either entered and/or remanded on a property which they knew they did not have permission to enter and/or remain on. This offense is similar to burglary but the key difference is that in order to be charged with a burglary in New Jersey, in addition to the previous elements, the prosecution must prove that prior to entering the property the individual had the intention to commit an offense once inside. Do to their similarities, the offense of trespassing is what is known as a lesser included offense of burglary. In other words, an individual cannot commit a burglary without committing a trespassing offense. 

Trespassing in New Jersey is governed by NJSA 2C:18-3, which states in pertinent part, that “a person commits an offense (of trespassing) 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.” In order to be convicted of this offense, the prosecution must prove the following elements:

  • That the Defendant either entered and/or surreptitiously remained in a structure &
  • The Defendant did so, knowing that they had no right to enter or to be there at that time

However, it will be considered an affirmative defense to any trespassing charge that:

  • The “structure” in question was abandoned;
  • That the structure was open to the public at the time of the Defendant’s entry and the Defendant complied with all lawful conditions imposed on access to remain in the structure; or
  • That the Defendant reasonably believed that the owner of the structure would have permitted their entry.

If you have been charged with trespassing in New Jersey and would like to speak to one of our attorneys about your options then please contact us at (908)533-1064.

Will I go to Jail for a Trespassing Charge in NJ?

Trespassing is considered a petty disorderly persons offense in New Jersey. That is the lowest level misdemeanor offense in New Jersey. However, it is still a criminal offense and if convicted, a Defendant will be facing up to thirty (30) days in the County Jail, a fine up to $500 and a criminal record. With that being said, a Defendant charged with this type of offense may be eligible for a diversionary program known as the Conditional Dismissal Program. That is a diversionary program, whereby if the Defendant completes all the conditions imposed, the pending charges will be outright dismissed.

Hunterdon County NJ Trespassing Attorneys

Being charged with a criminal offense like trespassing, stalking, harassment, possession of marijuana under 50 grams or terroristic threats can be nerve wracking. However, hiring the right attorney can go a long way into alleviating some of that stress. If you would like to speak to one of our criminal defense attorneys about your options then please contact us at (908)533-1064. We serve all of Somerset and Hunterdon County, including towns like Clinton, Hillsborough, Montgomery, Hillside, Readington, Raritan, Manville, Bernards and Watchung. If you have any questions whatsoever, please do not hesitate to contact us.