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2C:18-3 Defiant Trespass
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The following is the law on Unlicensed entry of structures; defiant
trespasser; peering into dwelling places; defenses in New Jersey :
2C:18-3. Unlicensed entry of structures; defiant trespasser; peering
into dwelling places; defenses
2C:18-3. a. Unlicensed entry of structures. 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. An offense under this subsection
is a crime of the fourth degree if it is committed in a school or on school
property. The offense is a crime of the fourth degree if it is committed
in a dwelling. An offense under this section is a crime of the fourth
degree if it is committed in a research facility. Otherwise it is a disorderly
persons offense.
b. Defiant trespasser. A person commits a petty disorderly persons offense
if, knowing that he is not licensed or privileged to do so, he enters
or remains in any place as to which notice against trespass is given by:
(1) Actual communication to the actor; or
(2) Posting in a manner prescribed by law or reasonably likely to come
to the attention of intruders; or
(3) Fencing or other enclosure manifestly designed to exclude intruders.
c. Peering into windows or other openings of dwelling places. A person
commits a crime of the fourth degree if, knowing that he is not licensed
or privileged to do so, he peers into a window or other opening of a dwelling
or other structure adapted for overnight accommodation for the purpose
of invading the privacy of another person and under circumstances in which
a reasonable person in the dwelling or other structure would not expect
to be observed.
d. Defenses. It is an affirmative defense to prosecution under this section
that:
(1) A structure involved in an offense under subsection a. was abandoned;
(2) The structure was at the time open to members of the public and the
actor complied with all lawful conditions imposed on access to or remaining
in the structure; or
(3) The actor reasonably believed that the owner of the structure, or
other person empowered to license access thereto, would have licensed
him to enter or remain, or, in the case of subsection c. of this section,
to peer.
CONCLUSION
If charged with any criminal offense, immediately schedule an appointment
with a criminal trial attorney. Don't rely on a real estate attorney,
public defender or a family member who took a law class in school. When
your life and job is on the line, hire the best attorney available.
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge
Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030
TRIAL AND LITIGATION EXPERIENCE
In his private practice, he has devoted a substantial portion of his
professional time to the preparation and trial of litigated matters. He
appears in Courts throughout New Jersey several times each week on many
personal injury matters, Criminal and Municipal/ traffic Court trials,
Probate hearings, and contested administrative law hearings.
Mr. Vercammen served as the Prosecutor for the Township of Cranbury,
Middlesex County and was involved in trials on a weekly basis. He also
argued all pre-trial motions and post-trial applications on behalf of
the State of New Jersey.
He has also served as a Special Acting Prosecutor in Woodbridge, Perth
Amboy, Hightstown, Carteret, East Brunswick, Jamesburg, South Brunswick,
South River and South Plainfield for conflict cases. Since 1989, he has
personally handled hundreds of criminal and motor vehicle matters as a
Prosecutor and now as defense counsel and has had substantial success.
Previously, Mr. Vercammen was Public Defender for the Township of Edison
and Borough of Metuchen and a Designated Counsel for the Middlesex County
Public Defender's Office. He represented indigent individuals facing consequences
of magnitude. He was in Court trying cases and making motions in difficult
criminal and DWI matters. Every case he personally handled and prepared.
His resume sets forth the numerous bar associations and activities which
demonstrate his commitment to the legal profession and providing quality
representation to clients.
Since 1985, his primary concentration has been on litigation matters.
Mr. Vercammen gained other legal experiences as the Confidential Law Clerk
to the Court of Appeals of Maryland (Supreme Court) with the Delaware
County, PA District Attorney Office handling Probable Cause Hearings,
Middlesex County Probation Department as a Probation Officer, and an Executive
Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.
Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you
did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. If you are on Probation, you will have to submit to random drug and
urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample,
which could be used by law enforcement for the investigation of criminal
activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who
has suffered a loss and if the court finds that you are able or will be
able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required
to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported
by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose
your driver's license for 6 months - 2years. You must pay a Law Enforcement
Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment
of $50 ($100 minimum if you are convicted of a crime of violence) for
each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for
each conviction.
14. If you are being sentenced to probation, you must pay a fee of up
to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible.
There are a number of viable defenses and arguments which can be pursued
to achieve a successful result. Advocacy, commitment, and persistence
are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the
following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific
term of years which shall be fixed by the court and shall be between 10
years and 20 years;
(2) In the case of a crime of the second degree, for a specific term
of years which shall be fixed by the court and shall be between five years
and 10 years;
(3) In the case of a crime of the third degree, for a specific term of
years which shall be fixed by the court and shall be between three years
and five years;
(4) In the case of a crime of the fourth degree, for a specific term
which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions.
A person who has been convicted of an offense may be sentenced to pay
a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately
to determine you rights and obligations to the court. Current criminal
charge researched by Kenneth Vercammen, Esq. 732-572-0500
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