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Trespassing
New Jersey Trespassing
Criminal Defense Attorney
Trespassing, in its simplest form, is being on someone else's property without permission. The consequences of a trespassing conviction can be devastating, and can impact things like employment, housing, finances, education, reputation, and relationships. Because of this, it is crucial to have an experienced, skilled, and aggressive attorney by your side.
At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves. If you or a loved one are facing Trespassing charges, Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.
Trespassing (N.J.S.A. 2C:18-3 (a) and (b))
Unlicensed Entry of Structure: Under 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, or in or upon a utility company property, or in the sterile area or operational area of an airport.
4th Degree Offense: The offense is a crime of the 4th degree if it is committed in a school or on school property, if it is committed in a dwelling, a research facility, a utility company property, , the sterile area or operational area of an airport, a power generation facility, a waste treatment facility, a public sewage facility, a water treatment facility, a public water facility, a nuclear electric generating plant, or any facility which stores, generates, or handles any hazardous chemical or chemical compounds. A 4th degree offense is punishable by up to 18 months in prison.
Disorderly Persons Offense: In all other instances, unlicensed entry is a disorderly persons offense which is punishable by up to 6 months in jail.
Defiant Trespass: Under N.J.S.A. 2C:18-3(b), a person commits defiant trespass 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.
Petty Disorderly Persons Offense: Defiant trespass is a petty disorderly persons offense which is punishable by up to 30 days in jail.
Defenses to Trespass: Under N.J.S.A. 2C:18-3(d), it is an affirmative defense to prosecution for trespass that:
Structure Abandoned: The structure involved in an offense under 2C:18-3(a) was abandoned.
Structure Open to the Public: 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.
Reasonably Believed Had Permission: 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 peer.
Contact a New Jersey Trespassing Lawyer for a Free Consultation
If you or a loved one are facing criminal charges, it is crucial to hire an experienced criminal defense attorney. At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation. No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation. Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.