Criminal Trespassing Charges

**03max3.5** · 01-11-2006, 02:22 PM

Tomorrow I have a court date, I am being charged with Criminal Trespassing (N.J.S.A. 2C:18-3a). I have a clean record, never been in trouble. What kind of penalties am I looking at?

**aaron** · 01-11-2006, 05:09 PM

Quoting New Jersey Statutes, Section 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, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. Otherwise it is a disorderly persons offense.

Are you charged as if this is a fourth degree offense, or a disorderly persons offense? (If your question boils down to "will I go to jail", absent unusual circumtances or a prior criminal record that would be very unlikely.)

**03max3.5** · 01-11-2006, 05:27 PM

Aaron, I believe it would fall under disorderly person. A couple of my college buddies and I were hanging out by an abandon building. So do you think its only a fine I'm looking at? I really don't have time to do community service(part-time job, 18 credit student this semester) because of time constrictions. So should I just talk to the prosecutor to try to cut a deal in which I only pay a fine?

**aaron** · 01-11-2006, 05:48 PM

I personally would shoot for a delayed disposition, deferment, or dismissal upon payment of a fine.

**docsa2** · 11-04-2006, 03:58 AM

what is the difference between a fourth degree offense and disorderly persons offense in new jersey ?
please clarify me this point .
thank you .

**aaron** · 11-04-2006, 08:39 AM

A conviction for a disorderly persons offense is technically not a criminal conviction, and almost never carries jail time. A conviction for a fourth degree crime is a criminal conviction.

**docsa2** · 11-05-2006, 03:23 AM

state : new jersey

is a fourth degree offense a felony or a misdemeanor ?

please clarify me this point .

thank you .

**aaron** · 11-05-2006, 06:53 AM

Neither. It's a fourth degree offense.

**docsa2** · 11-05-2006, 10:02 AM

state : new jersey

I was arrested for criminal trespass ( 2C: 18 - 3a ) and I plead guilty for borough ordinance ( disorderly person : 68 - 7) .
what should I answer on job applications ?
have you ever been charged of a felony ?
have you ever been charged of a misdemeanor ?
please help me .
thank you .