Hundreds of trespass charges are written every year throughout Middlesex County based on claims of unauthorized entry or interference with property of another. If you have been charged with criminal trespass as a disorderly persons offense, your case will be heard in a municipal court like the one in Monroe, Piscataway, North Brunswick, South Plainfield or Woodbridge. This offense can also be filed as a fourth degree crime which must be forwarded to the county courthouse in New Brunswick for handling. The same is the case if you have a companion offense of burglary. Irrespective of the grade of trespass charge involved, a conviction will result a criminal record and significant penalties. Retaining a skilled trespass defense lawyer is one of the best ways for you to protect yourself against these ramifications. Call one of our Piscataway Office at 732-392-7202 for an immediate consultation with one of the lawyers on our team.
Middlesex County Trespass Offense
There are two varieties of trespass set forth in N.J.S.A. 2C:18-3. The first form occurs when someone enters a structure without a license to do so. In order for the violation to occur, the accused must knowingly enter or surreptitiously remain in a structure (i.e. a building, room, ship, vessel, car, vehicle or airplane). The second type of trespass is defiant and is triggered when someone enters a “place” and after being directly advised to the contrary or after possessing knowledge that entry was prohibited by virtue of signs or other postings.
- Grading of a Trespass. The severity of a trespass offense is contingent on the type of property involved. The charge can be filed as a fourth degree crime, disorderly persons offense or petty disorderly persons offense depending on the nature of the property where the trespass occurred.
- Affirmative Defenses. It is an affirmative defense to a prosecution for either trespass in a dwelling or trespass in a structure that the dwelling or structure was abandoned. Another defense is that the structure was open to the public and the defendant complied with all lawful conditions to entry and occupancy.
- Grade of Offense. A trespass offense is a fourth degree crime if the property involved is a dwelling or research facility. The charge is otherwise a disorderly persons offense.
- Penalties. Fourth degree trespass results in a fine of up to $10,000 and a prison sentence that can reach 18 months. Disorderly person trespass carries penalties that include a $1,000 fine and up to 6 months in the county jail.
Old Bridge NJ Trespass Defense Attorneys
There are 40.78 square miles of property in Old Bridge which can potentially provide the basis for a trespass charge. What is pivotal to those arrested on allegations of this violation is that they hire a lawyer that is committed to securing the very best result on their behalf. There are clearly several defenses that can be raised by defense attorneys in a defiant or regular trespass case. The lawyers at The Law Offices of Jonathan F. Marshall will insure that all avenues of escaping a conviction are exhausted. We offer our services throughout Middlesex County including in Old Bridge, South Brunswick, Plainsboro, Carteret and Middlesex. For a free consultation with an attorney on our staff, call our East Brunswick Office at 732-227-1200.
