What constitutes trespassing in New Jersey?

What Constitutes Trespassing in New Jersey?

Trespassing laws in New Jersey can be a bit confusing. As a resident, it’s important to understand what is and isn’t allowed when it comes to being on someone else’s property. This article will break down the basics of trespassing charges in NJ, including what constitutes trespassing, penalties, and potential defenses.

What is Trespassing in New Jersey?

In New Jersey, trespassing is primarily governed by N.J.S.A. 2C:18-3, which defines criminal trespass as the unlawful entry onto a property. There are a few ways someone can be charged with trespassing under this statute:

• Knowingly entering any structure, such as a building or house, without permission. This is the most common trespassing charge.
• Surreptitiously remaining in a structure knowing you don’t have the right to be there. For example, hiding in a store after closing time.
• Knowingly entering or remaining in any place that is fenced or otherwise enclosed in a way that demonstrates it is private property. This includes clearly posted “No Trespassing” signs.
• Knowingly entering any school district property without permission when the property is closed to the public.
• Defying an order by an owner or lawful occupant to leave the premises.

So in summary, trespassing involves being on someone else’s private property without permission to be there. Simple mistakes typically won’t lead to trespassing charges – the person has to knowingly be on the property unlawfully.

Types of Trespassing Charges in NJ

There are a few different levels of trespassing charges in New Jersey:

• Disorderly Persons Offense – This is a minor charge that applies to trespassing on any type of property besides a dwelling. It is punishable by up to 6 months in jail and a $1,000 fine.
• Fourth Degree Crime – Trespassing on the property of a school or any residential property that is fenced or otherwise enclosed is a fourth degree crime. This is more serious, punishable by up to 18 months in prison and a fine up to $10,000.
• Third Degree Crime – Trespassing in a dwelling, which is any place where someone lives such as a house or apartment, is a third degree crime. This is the most serious trespassing offense, punishable by 3-5 years in prison and a fine up to $15,000.
• Other Serious Charges – If a person trespasses with the intent to commit another crime, they can face additional charges like burglary or criminal mischief on top of the trespassing charge.

As you can see, the specifics of the property that was trespassed on determines how serious the charges are. Trespassing on a home or school is considered more serious than trespassing in a commercial building or open land.

What are the Defenses to Trespassing Charges in NJ?

While the trespassing laws in New Jersey may seem straightforward, there are some potential defenses that a skilled criminal defense lawyer can use to fight the charges:

• Lack of Knowledge – Since trespassing requires the person to knowingly be on the property unlawfully, arguing that you did not realize you were trespassing could defeat the charges. For example, if signs or fencing was not clear.
• Abandoned Property – It is not criminal trespass to enter an abandoned property. So if the building was vacant and appeared unused, this defense may apply.
• Open to the Public – If the property was open to the public at the time, such as a store during business hours, you cannot be charged with trespassing there.
• Reasonable Belief of Permission – If you reasonably believed you had permission to be on the premises, this can also be a defense. For example, if a clerk told you that you could come behind the counter at a store.
• Necessity – In limited cases, trespassing may be justified by necessity, such as entering a property to provide emergency medical care.

Having an experienced NJ criminal defense lawyer argue one of these defenses can result in reduced or dismissed charges in many trespassing cases.

What are the Penalties for Trespassing Convictions in New Jersey?

The penalties for a trespassing conviction depend on the degree of the offense:

• Disorderly Persons – Up to 6 months in jail and a fine up to $1,000
• 4th Degree Crime – Up to 18 months in prison and a fine up to $10,000
• 3rd Degree Crime – 3-5 years in prison and a fine up to $15,000

Other consequences of a trespassing conviction include:

• Permanent criminal record
• Difficulty finding a job or renting an apartment
• Potential loss of certain professional licenses
• Deportation for non-citizens
• Probation or community service requirements
• Restitution to the property owner

Even a minor trespassing offense can carry life-long consequences. That is why it is critical to have an experienced criminal defense lawyer represent you and fight the charges aggressively. They will negotiate with prosecutors for reduced penalties or work to get charges dismissed where possible.

When is Trespassing a Civil vs. Criminal Matter in NJ?

Trespassing is usually considered a criminal offense in New Jersey. However, in some cases an owner may pursue a civil trespassing lawsuit instead of pressing criminal charges:

• If the trespass was minor, such as a neighbor’s child wandering onto their lawn.
• If the goal is mainly to recover monetary damages rather than punish the trespasser.
• If the identity of the trespasser is unknown, so criminal charges are not feasible.
• If the property owner simply wants a court order forbidding future trespassing.

In a civil trespassing lawsuit, the property owner sues the trespasser for monetary damages. If they win, the trespasser will have to pay compensation but will not face criminal penalties.

Criminal charges are more likely to be pursued if the trespass was more invasive, intentional, or resulted in property damage. But for minor, harmless trespasses, a civil suit may be adequate.

When Can You Call the Police About a Trespasser in New Jersey?

Since trespassing is a criminal offense in NJ, property owners do have the right to contact police if there is an unwanted person on their premises. Some tips on handling trespassers:

• If safe, ask the person to leave first and call police if they refuse.
• If the trespasser poses a threat, call 911 immediately.
• Take photos or video of the trespass occurring if possible.
• Give a detailed description of the trespasser to police.
• Post visible “No Trespassing” signs if it is an ongoing issue.
• Only use reasonable force if absolutely needed for protection.

While police can arrest a trespasser, the property owner must be willing to pursue criminal charges. An arrest alone is not a conviction.

If it is a harmless trespass, a warning from police may be adequate deterrence without the need for formal charges. But for recurring or dangerous trespassers, filing a criminal complaint is recommended.

What Should I Do If Charged With Trespassing in New Jersey?

If you are facing criminal trespassing charges in NJ, here are some important steps to take:

• Remain Silent – Do not try to explain anything to police without a lawyer present. You have the right to remain silent.
• Hire an Attorney – A skilled NJ criminal defense lawyer can argue defenses and negotiate reduced penalties for you.
• Get Character References – Letters from employers, teachers or community leaders vouching for your good character can help.
• Follow Bail Conditions – If released on bail, follow all conditions set by the court to avoid additional charges.
• Appear At All Court Dates – Missing court can result in a bench warrant for your arrest.
• Avoid Further Legal Issues – Preventing any additional encounters with police will help your case.
• Consider Counseling – Completing anger management or substance abuse counseling shows the court you are addressing any underlying issues.

With an experienced attorney guiding you through the process, the negative impacts of a trespassing charge can often be minimized. Don’t take chances – get legal help right away.

Common Questions About Trespassing Laws in NJ

Here are answers to some frequently asked questions about trespassing in New Jersey:

Is it trespassing if the building was open or abandoned?

No, it is not criminal trespass to enter a building that is open and available to the public, or one that is abandoned or vacant. Trespassing requires knowingly entering somewhere that you know is off limits.

Can I be charged for trespassing on public property?

In New Jersey, you cannot trespass on property owned by the government that is open to the public. However, if the property is closed or you were engaging in prohibited conduct, you could be charged with defiant trespass.

What if I didn’t see any no trespassing signs posted?

Lack of no trespassing signs could potentially be a defense to trespassing, since you may not have realized the property was private. But it depends on the specific circumstances of the alleged trespass.

Is it trespassing if I had permission in the past?

Yes, if that permission has expired or been revoked, it would be trespassing. For example, if you were permitted on a property at one time, but have since been banned from the premises.

Can I trespass on my neighbor’s yard?

You could be charged with trespassing for going onto a neighbor’s property without permission, even if it is not fenced. This includes their lawn, driveway, porch, or any part of their land.

What if I need to go onto a property for an emergency?

Necessity can be a legal defense to trespassing if you can prove you entered the property to prevent greater harm from occurring. But the necessity must be urgent and reasonable.

Final Thoughts

Trespassing laws aim to balance property rights with public access. While New Jersey trespassing statutes may seem ambiguous, if you avoid knowingly entering private, restricted areas without permission you should not run afoul of the law. If accused, skilled legal counsel can help mount a strong defense.

By understanding what constitutes trespassing in NJ, you can ensure you stay on the right side of the law. Respect private property, follow posted signs and fences, and obtain permission