Trespassing

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Cresskill Trespassing Defense Attorneys

Bergen County Criminal Defense Law Firm

Trespassing Bergen County NJ
Trespassing

Trespassing (also known as defiant trespass) in New Jersey is a criminal charge that can be a felony or a disorderly persons (misdemeanor) depending on the circumstances of the alleged offense. Either way, you need to make sure that you are not convicted because, in either case, you will have a permanent criminal charge on your record that will show up for work, school, professional licenses, etc.

The Bergen County office of The Tormey Law Firm is located in the center of the Bergen County Justice Complex, just steps from the Hackensack Municipal Court, the Bergen County Jail, and the Bergen County Superior Courthouse. With this type of immediate access, these criminal defense attorneys are on the front lines of the justice system every day as they fight for the rights of their clients. With years of experience and countless successes behind them, the lawyers at The Tormey Law Firm have earned a coveted reputation among clients and fellow attorneys.

If you or a loved one has been charged with a criminal offense such as trespassing, unlawful possession of a firearm, or disorderly conduct in a Bergen County municipality such as Paramus, Lyndhurst, Hackensack, or Palisades Park, our talented defense attorneys can help. Allow us to serve as your aggressive defenders and we will employ all of the resources at our disposal to achieve a positive result in your case. For a free consultation, contact our Hackensack, New Jersey office at (201)-330-4979. It is our pleasure to provide you with a comprehensive analysis at no cost.

Trespassing in New Jersey: N.J.S.A. 2C:18-3

Trespassing is a criminal offense in New Jersey, outlined in section N.J.S.A. 2C:18-3 of the New Jersey Criminal Code. N.J.S.A. 2C:18-3 states the following:

§ 2C:18-3. Trespassing

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 into windows or other openings of dwelling places. 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.

Consequences of Trespassing in New Jersey

Trespassing can be graded as a fourth degree crime or a disorderly persons offense under State law in New Jersey, depending on the circumstances of the alleged crime. This is an important distinction because a fourth degree offense is an indictable criminal charge which must be handled at the Superior Court in the county where the alleged offense took place. Fourth degree crimes are punishable by a term of imprisonment of up to 18 months in New Jersey State Prison. By contrast, a disorderly persons offense will be heard in the local municipal court associated with the charges. These offenses entail penalties including a 6-month sentence to be served in the county jail.

Contact The Tormey Law Firm in Hackensack NJ

To learn more about your trespassing charges in Bergen County, New Jersey contact the Hackensack law offices of The Tormey Law Firm anytime at (201)-330-4979. Our attorneys are always available to provide free consultations and to answer the specific questions associated with your case.

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If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.