In certain instances persons may be charged with the crime of trespassing inside properties or homes. In processes involving concerns like Criminal Trespass NJ there may be a trial forthcoming which judges whether the accused is liable and punishable under the law. Trespassing has both broad and specific definitions in law.
The trespass can be committed on persons, which involves assault, battery, threats, sexual abuse, falsely holding a person under duress and mayhem. These, while specific can operate on several levels which can define a case. When charges for these specific crimes are not provable, prosecution can choose a trespass charge.
This can be added to several other accusations and will tend to make the total set of charges heavier. Any case built up from these can become a highly onerous one when and if the accused is found guilty. Most lawyers on defense want only one clear accusation, and not more, and any time that the prosecution comes up with added charges like trespassing, the case for defense becomes really complicated.
Another instance of trespassing is to illegally enter chattels. These include anything from barns and garages to homes themselves, and any form of entry can be taken as an instance of trespass. For many persons this law has become ingrained in mores and costumes for respecting the property and homes of others.
The charge for this can become an added one to a set of charges, the same as trespasses on a person. Lawyers who defend clients often fight these off to simplify the prosecution status and have better chances of arguing for guilt or reduced sentence on one charge alone. The usual thing about trespassing charges is when individuals enter private grounds.
When the grounds are open and do not have signs that warn or advice against entering, there is less traction for the prosecution. That is why many homeowners will not or cannot charge strangers who step on their lawns or frontages with anything. And in any case, they might not have any concerns about this in their communities.
Certain communities can define how these charges are made or seen. There are certain areas in cities where any form of entry into grounds that are owned privately or even commercially may be construed as illegal entry. Companies especially may not need more reason to advice individuals to keep off their grounds.
The criminal charge is a lighter one, specific to a statute in the penal code. The punishment here can be anything that is specific to a level of misdemeanor. This type of crime is a fourth level one that can sentence anyone to a minimum of thirty days in jail or up to one hundred eight days, the maximum jail time.
You certainly need a lawyer to address such a charge. More often than not the owners will have flimsier reasons to prosecute when you simply stepped on their grounds. And the case may not even come into trial if this is the basis for the accusation.