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Attorney H. Scott Aalsberg has a 98%* Success Rate of Winning, Reducing or Eliminating the penalties you will face with a New Jersey Trespassing or Peering Charge. Attorney Aalsberg has been interviewed by both ABC News 20/20 and CBS News for cases he has defended, and he can help you. Call Now for a Free In Office Consultation. The call is free the advise may be priceless!
Trespassing, Loitering and Peering are all Similar Charges in NJ:
These 3 charges although different for the elements, all have similarity in the actions involved and you can be charged with all 3 at the same time. That being said since the elements are so similar with proper representation you may be able to have these charges won, downgraded or reduced. Attorney Aalsberg has a 98% success rate to Win, Reduce or Eliminate the penalties with these charges, so if charged put his success rate to work for you. Below please find a detailed description of each charge, penalties and what the State needs to prove for a conviction for Trespass, Loitering and Peering.
What is a Criminal Trespassing Charge:
In order to land a conviction for criminal trespass in New Jersey, the prosecutor must establish beyond a reasonable doubt that the defendant entered or surreptitiously remained in a structure and did so knowing he had no right to enter or remain there at the time.
A “structure” is considered any building, room, ship, vessel, car or airplane, as well as any place adapted for overnight accommodation. This means most types of enclosed spaces are included in the definition of structure. Finally, to “surreptitiously remain” in a structure without right to do so means that the defendant stayed in the enclosed space in a secret or stealthy manner for some duration of time.
The prosecutor must prove beyond a reasonable doubt that the defendant looked inside any opening of a dwelling or structure adapted for overnight accommodation, knowing he had no right to do so, and did so for the purpose of invading the privacy of a person inside a dwelling where that person would not expect to be observed.
Peering in NJ 2C:18-3(c):
Peering into a building in NJ is also illegal. For a peering charge, the State does not need to prove that the defendant actually entered the dwelling or structure, which is the case with criminal trespass – instead, the State must only prove that the actor peered (aka looked into the dwelling). A defendant that does this is guilty of peering when he looks into the dwelling knowing that he has no right to do so, or that there is a high probability that he had no privilege or right to do so. The state must also prove with this offense that the defendant peered into the dwelling with the purpose/intent that he or she knew would invade the privacy of another.
How Did I Get A Loitering Charges In New Jersey 2C:34-1.1 And 2C:33-2.1:
In general a person is charged with loitering in NJ if he or she was in a public place with the purpose to obtain or distribute drugs or Engage in Prostit Loitering for Drug charge 2C:33-2.1 most people when charged with this offense are found in possession of an illegal or prescription drug not prescrib prostitution charge 2C:34-1.1 generally the person was: repeatedly gesturing to or stopping people on the streets or in cars, or repeatedly attempting engage them in conversation for the purpose soliciting a sexual service. Sometimes these statutes conduct is called other names such as wandering in a public place. Please for more information about Loitering, please click on Loitering Page.
What the State Needs to Prove For a Conviction:
The State has to prove that:
1) The offense occurred in a structure. A structure is defined as a: school or on school property, a dwelling, research facility of any kind, as well as a power generation facility, utility company, any facility with hazardous waste, a sterile area of an airport, public sewage or water treatment facility
2) That the person surreptitiously remained in that structure
The State has to prove that:
1) The Person knows he is not licensed or privileged to be in a place or.
2) The person knows he is not licensed or privileged by knowing by notice either actual, or notice by a sign has been posted that would provide notice, or by a fence being present or other enclosure that has been erected to keep out intruders.
The State must prove that:
1) The Person peered into the structure from outside the structure,
2) knowing he/she was not licensed to do so and
3) did so either through a window or opening of a dwelling or other structure adapted to or for overnight accommodation and
4) did so under circumstances which a reasonable person in the dwelling would not expect to be observed.
General Penalties for Trespassing and Peering in NJ:
Criminal Trespass 2C:18-3(a)
Fine: up to $10,000.00
Probation: 1 to 5 Years
Restitution for Damages: Limited to
dollar amount of damage caused
Jail: Up to 18 Months
Defiant Trespass 2C:18-3(b)
Fine: $1000.00
Probation: Generally 6 months to 1 year
Restitution for Damages: Limited to
dollar amount of damages caused
Jail: Up to 30 days
Peering 2C:18-3(c)
Fine: up to $10,000.00
Probation: 1 to 5 Years
Jail: Up to 18 Months
Unbeatable Success: Over 12,000 cases won, reduced or downgraded since 1992
800-974-4487 to Setup a Free Consultation and Learn How To Win Your Trespassing Charge.
