Criminal Trespass is defined under N.J.S.A. 2C:18-3 in a similar manner to burglary since both crimes involve the unlawful entry upon the property of another, the main difference is that with criminal trespass the person who enters does not have the intent to commit an offense while on the property unlawfully. In Atlantic City, charges for trespassing are often filed against individuals who have been banned from a hotel or casino property yet return at a later date. These charges are handled at the Atlantic City municipal Court as Trespassing and Defiant Trespassing are disorderly persons and petty disorderly persons offenses, respectively. Your charges may carry up to six (6) months in jail, community service, fines, and probation. For this reason, it is imperative that you obtain skilled and experienced criminal defense attorney to represent you in your criminal charges.
Hammonton Trespassing Charges
Criminal Trespass is defined as follows: “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.”
Typically speaking, criminal trespass is a disorderly persons offense, however, there are some specific buildings which if you are found unlawfully in are considered to be aggravating factors raising this to a fourth-degree crime. It is a fourth-degree crime if you are found trespassing within a school or on school property. It is a fourth-degree crime if you are found in another person’s dwelling (i.e. their home). It is a fourth-degree crime if you are found trespassing upon a research facility, power generation facility, waste treatment facility, public sewage facility, public water facility, nuclear electric generating plant, or any facility which stores, generate or handles any hazardous chemicals or chemical compounds. It is also a fourth-degree crime if you are found trespassing upon utility company property of any kind. Lastly, it is a fourth-degree crime to knowingly without license “peer” into windows or other openings of a dwelling or other structure adapted for overnight accommodation (e.g. a hotel) for the purpose of invading the privacy of another person and under circumstances in which a reasonable person would not expect to be observed (i.e. they have a reasonable expectation of privacy).
All other offenses, as mentioned above, are treated as disorderly persons offenses, except in the rare case where it is a petty disorderly persons offense for defiant trespass. Defiant trespass is an offense where a person without license or privilege to do so enters any place to which notice against trespass has been given either by (1) actual communication to the trespasser, (2) appropriate posting against trespass as prescribed by law or posting reasonably likely to come to the attention of intruders, and (3) fencing or other enclosure manifestly designed to exclude intruders. This type of trespass is most commonly applied to situations where gamblers return to a casino after being told they are no longer welcome.
These are serious charges, though, and ones you cannot afford to face alone, even if you think that you will have an affirmative defense to the crime. Here at the Law Offices of Jonathan F. Marshall, we have over 100 years of collective experience defending against criminal charges in Hammonton, Galloway, Brigantine, Egg Harbor Township, and Hamilton, including criminal trespass charges of all degrees. So if you or someone you love has been charged with criminal trespass in Mullica, Margate City, Somers Point or Northfield, please do not hesitate to contact us today for a free consultation with an experienced attorney about the particulars of your case.
