North Arlington NJ Criminal Trespassing Lawyers
A conviction for criminal trespassing can have devastating consequences on your life. Not only will a conviction for this offense lead to a criminal record and high fines but it will also subject you too being incarcerated in a New Jersey State Prison for up to eighteen (18) months. Further, this offense is usually accompanied with other charges like criminal mischief, disorderly conduct or even burglary. This will obviously makes an already bad situation much worse. The Law Offices of Jonathan F. Marshall is powerful Bergen county criminal defense firm. We have over 100 years of combined experience on staff. We are ready and willing to handle your matter. If you or someone you know has been charged with criminal trespassing in towns like Paramus, Ramsey, East Rutherford, Hackensack, Englewood, Palisades Interstate Park, Lodi, Garfield, Elmwood Park or Fort Lee we can help. Here is some important information with regards to the offense of Criminal Trespassing, including the necessary elements.
Criminal Trespassing: N.J.S.A. 2C:18-3(a)
Fourth Degree Crime:
Before a Defendant can be convicted of criminal trespassing in Bergen county, the prosecution must prove four key elements beyond a reasonable doubt. First, the prosecution must prove that the property that was trespassed on was a dwelling. Secondly, that the defendant unlawfully entered or remained in the dwelling beyond their welcome. Thirdly, that the defendant did not have the right to either enter or remain in the dwelling and lastly, that the defendant knew that he had no right to enter or remain in the said dwelling.
Disorderly Persons Offense:
Criminal Trespassing will be considered a disorderly persons offense instead of a fourth degree indictable offense (felony) if the above elements were committed not in a “dwelling” but in a “structure”. Some of the typical “structures” in question are buildings, rooms, ships, vessels, automobiles, vehicles and even airplanes.
Petty Disorderly Persons Offense:
A petty disorderly persons offense trespassing, which is also known as defiant trespassing, occurs when the defendant either enters or remains on someones land where the owner of the land has put the public on notice that the land is private.
Applicable Penalties & Fines if Convicted:
Fourth Degree Offense: There is a presumption of non-incarceration, however, if that presumption is overcome, a defendant may face up to eighteen months in a New Jersey State Prison.
Disorderly Persons Offense: Just like the fourth degree offense, a disorderly persons offense carries with it a presumption of non-incarceration. However, if that presumption is overcome a defendant may face up to six months in the Bergen County Jail. In addition, the defendant will face up to a $1000.00 fine.
Petty Disorderly Persons Offense: A defendant convicted of a petty disorderly persons offense can face up to thirty days in the Bergen County Jail and up to a $500.00 fine.
Powerful Bergen County Criminal Defense Firm
As you can tell from above, a conviction for criminal trespassing in Bergen County can seriously effect not only your life but your families as well. If you or someone you know has been charged with trespassing in towns like Saddle Brook, Fair Lawn, Rutherford, Mahwah or anywhere else in New Jersey for that matter we can help. Please give any one of our Bergen County Offices for a free initial consultation about your pending charges.