Trespassing Charge Attorney Berkeley Heights, NJ

Have you been charged with trespassing in Berkeley Heights, New Jersey? Even a seemingly minor offense like trespassing can have significant consequences, including fines, jail time, and a criminal record. When facing trespassing charges in Berkeley Heights, NJ, Brett M. Rosen is an excellent choice for legal representation. Here’s why:

Why Choose Brett M. Rosen, Esq. for Your Berkeley Heights Trespassing Case?

• Local Expertise: We have in-depth knowledge of Berkeley Heights Municipal Court procedures and New Jersey’s trespassing laws.
• Proven Success: Our firm has a strong track record of successfully defending clients against trespassing charges, often resulting in dismissed cases, reduced penalties, or alternative resolutions.
• Personalized Attention: We provide individual consultations to thoroughly understand your situation and develop a tailored defense strategy that meets your unique needs.
• Compassionate Advocacy: We recognize the stress and anxiety associated with criminal charges and provide support and guidance throughout the legal process.

Understanding Trespassing Laws in New Jersey

Trespassing (NJSA 2C:18-3) in New Jersey is defined as knowingly entering or remaining on someone else’s property without permission. The law recognizes several types of trespassing offenses, including:

• Defiant Trespass: Entering or remaining on property after being told to leave by the owner, occupant, or authorized person.
• Criminal Trespass: Entering or remaining on property knowing that you are not licensed or privileged to do so.
• Burglary: Entering a structure with the intent to commit a crime inside.
• Aggravated Trespass: Trespassing on certain types of property, such as schools, public utilities, or research facilities.

Potential Consequences of Trespassing Convictions

The penalties for trespassing in New Jersey vary depending on the circumstances of the offense:

• Petty Disorderly Persons Offense (Defiant Trespass): Punishable by up to 30 days in jail and a fine of up to $500.
• Fourth-Degree Crime (Criminal Trespass): Punishable by up to 18 months in prison and a fine of up to $10,000.
• Third-Degree Crime (Burglary): Punishable by 3-5 years in prison and a fine of up to $15,000.

Defenses Against Trespassing Charges in Berkeley Heights, NJ

A strong defense can make a significant difference in the outcome of your trespassing case. We will explore all possible defenses, including:

• Consent or Permission: If you had permission to be on the property, either explicitly or implicitly, this can be a valid defense.
• Necessity: In some situations, trespassing may be justifiable if it was necessary to prevent harm to yourself or others.
• Lack of Notice: If there was no clear indication that the property was private or that you were not allowed to enter, this could be a defense.
• Mistake of Fact: You may have genuinely believed you had a right to be on the property.
• Lack of Intent: The prosecution must prove that you knowingly entered or remained on the property without permission.

Frequently Asked Questions (FAQs)

• What should I do if I’m accused of trespassing in Berkeley Heights?
  
  • Do not admit to any wrongdoing. Politely decline to answer questions and ask to speak to a lawyer.
• Can I be charged with trespassing even if I didn’t know I was on private property?
  
  • Yes, in some cases, you can be charged even if you were unaware that the property was private. However, this can be a potential defense.
• What is the difference between defiant trespass and criminal trespass?
  
  • Defiant trespass involves entering or remaining on property after being told to leave, while criminal trespass involves entering or remaining on property knowing you don’t have permission.
• Can a trespassing charge be expunged from my record?
  
  • It depends on the specific offense and your criminal history. In some cases, expungement may be possible after a certain period of time.
• Do I need a lawyer for a trespassing charge?
  
  • While it’s not mandatory, having a lawyer can significantly improve your chances of a successful outcome.

FAQs Continued

What is considered trespassing in New Jersey?

• Trespassing essentially means entering or remaining on someone else’s property without permission. This includes:
  • Entering any structure (house, building, etc.) without a license or privilege.
  • Remaining on any property after being told to leave.
  • Peering into windows of a dwelling.
  • Entering property enclosed by a fence or with “No Trespassing” signs posted.

What are the penalties for trespassing in New Jersey?

• Penalties vary based on the circumstances:
  • Entering structures: Fourth-degree crime (up to 18 months in prison, fines up to $10,000)
  • Defiant trespasser: Disorderly persons offense (up to 6 months in jail, fines up to $1,000)
  • Peering into windows: Fourth-degree crime (same penalties as above)
  • Simple trespass: Petty disorderly persons offense (fines up to $500)

Can I be charged with trespassing even if I didn’t know I wasn’t allowed to be there?

• Generally, yes. If the property was clearly marked with “No Trespassing” signs or a fence, or if you were told to leave and didn’t, it can be considered trespassing even if you initially didn’t realize you weren’t allowed there.

Where do trespassing cases in Berkeley Heights get handled?

• Typically, trespassing cases in Berkeley Heights are handled by the Berkeley Heights Municipal Court. More serious cases might go to the Union County Superior Court.

Don’t Face Trespassing Charges in Berkeley Heights Alone – Get Expert Legal Help

If you’re facing trespassing charges in Berkeley Heights, NJ, Brett M. Rosen, Esq. is here to protect your rights and fight for the best possible outcome. We offer a free consultation to discuss your case, answer your questions, and develop a personalized defense strategy.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule your free consultation.