Trespass Charged for Breaking Into a Building
My question involves criminal law for the state of: NJ
I own a commercial building. Recently a tenant of mine who is an attorney broke into the building (long story) doing about $3500 in damages. He was caught on video and it is clearly him so he was arrested. I decided to press charges and he has sent me some vaguely threatening emails. The local D.A, has charged him with trespassing which is not a felony instead of something more serious. I have a few questions:
1) Is trespassing a typical charge in a situation like this or is defendant getting special treatment because he is an attorney?
2) I want to push for felony charges but the D.A. has dismissed my concerns. Does it make sense for me to hire an attorney to push to have him charged with a felony?
3) If an attorney is not the proper individual to push for more severe charges who or what can I contact to review the charges? Thank you for your assistance.
Re: Trespass Charged for Breaking Into a Building
The prosecutor decides what criminal charges are pressed. The State Bar Association decides whether he is fit to have a law license, after they see the letter and video you send them.
Re: Trespass Charged for Breaking Into a Building
We don't know the facts, so we have no way of assessing whether the charge is typical. We have no reason to believe that the person received any special treatment.
You can pay a lawyer to do whatever the lawyer will do for the fee. I would not expect that a call from a lawyer is going to inspire a prosecutor to reconsider whether a misdemeanor trespass case should be pursued as a felony, but you won't know until you try.
You can try talking to a victim's rights officer at the prosecutor's office or, if the charging decision was made by an assistant, the prosecutor's supervisor or the head prosecutor.
Re: Trespass Charged for Breaking Into a Building
Since we have no details about the "long story", we're not in a position to guess whether the act of the accused fits the statutory requirements for only trespass, or for something more, like burglary - nor can we guess at the degree of the charge that might be applicable. In long stories, the DETAILS matter. The prosecutor is the sole decision maker about what charges to bring, and they tend to bring the charge they think they can get a successful prosecution for, even if a higher charge MIGHT be applicable.
You can read the various definitions of the crimes in your state, and try to determine if the acts in question fit ALL of the elements of the crime; THAT is what the prosecution does. Potential starting points are:
New Jersey Statutes - Title 2C The New Jersey Code of Criminal Justice - 2C:18-3 Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses.
and
New Jersey Statutes - Title 2C The New Jersey Code of Criminal Justice - 2C:18-2 Burglary