If you’ve been charged with breaking and entering or criminal trespass, you might assume that they’re the same crime. In New Jersey, these charges are two distinct crimes with different legal consequences. In either case, you may face jail time and significant fines. Convictions for criminal offenses can also affect your ability to get a job and rent a home. Working with an aggressive criminal defense attorney is the best way to get your charges reduced or dismissed.
Keith Oliver Criminal Law is exclusively focused on criminal defense, which means we have the dedication, experience, and resources to fight your case. Whether you’re charged with a petty disorderly persons offense or a serious felony, our team can protect your rights and build a strong legal defense. Call us 24/7 for a free consultation with a New Jersey criminal defense attorney.
What Is Breaking and Entering?
Breaking and entering is a type of burglary offense. New Jersey does not have a separate statute for breaking and entering. Instead, burglary is divided into three different categories: home invasion burglary, residential burglary, and burglary of structures.
A person commits burglary of structures when they:
- Enters “a research facility, structure other than a residential dwelling, or a separately secured or occupied portion thereof,” or
- Remains hidden in those structures, or
- Trespasses “in or upon utility company property where public notice prohibiting trespass is given” (typically by posing signs or enclosing the property with fences)
- Without permission
- With the intent to commit a crime.
Home invasion burglary is a more serious type of burglary. This occurs when someone enters or hides in a residential dwelling without permission and:
- “Purposely, knowingly, or recklessly inflicts, attempts to inflict, or threatens to inflict bodily injury” on another person, or
- Is armed with or displays deadly weapons or explosives.
Residential burglary happens when a person enters or remains hidden in a dwelling without permission, intending to commit a crime.
Home invasion burglary is a “crime of the first degree” and has the most severe penalties. If convicted, a defendant faces 10 to 20 years in prison and up to $200,000 in fines. They also must serve at least 85 percent of their prison term.
Residential burglary is a crime of the second degree, punishable by five to 10 years in prison and up to $150,000 in fines. The defendant will serve at least 85 percent of their term unless they prove that they reasonably believed no one was home at the time.
Finally, burglary of structures is a crime of the second or third degree. It’s a crime of the second degree if the defendant was armed, appeared armed, or tried to harm anyone. This is punishable by five to 10 years in prison and a $150,000 fine. Otherwise, it is a crime of the third degree. Sentences include three to five years in prison and fines of up to $15,000.
What Is Criminal Trespass?
Criminal trespass sounds similar to burglary, but there are several important distinctions. You commit criminal trespass when you unlawfully enter or “surreptitiously remain” in “any research facility, structure, or separately secured or occupied portion thereof, or in or upon utility company property, or in the sterile area or operational area of an airport.” In other words, you’re entering or remaining on someone else’s property without permission.
Criminal trespass includes situations like remaining in a private business after being asked to leave or entering a vacant house, even if you don’t intend to steal anything.
Criminal trespass also encompasses “Peeping Tom” behaviors. This involves looking into someone’s windows, doors, or other openings, without permission. These dwellings include places where people can reasonably expect that they won’t be observed. For example:
- Houses
- Apartments
- RVs and motorhomes
- Tents
- Hotels and motels
The trespasser must be aware that they’re not allowed to peer into the dwelling.
Finally, a person is a “defiant trespasser” when they enter or remain on a property where they’ve received notice against trespassing. That notice could be written, such as “no trespassing” signs, or verbally communicated. It also includes physical barriers like fences.
Intent and location matter when you’re charged with criminal trespass. The penalties include:
- Criminal trespass in certain structures – If you were charged with trespassing in certain kinds of structures, the punishment is more severe. These structures include utility companies like power, water, and wastewater treatment facilities. They also include school buildings, dwellings, secure portions of an airport, and research facilities. This is a crime of the fourth degree and is punishable with up to 18 months in prison and a $10,000 fine.
- Criminal trespass in all other structures – This is a petty disorderly persons offense, punishable by up to six months in jail and a $1,000 fine.
- Peering into dwellings – This is a crime of the fourth degree. It is punishable by up to 18 months in prison and a $10,000 fine.
- Defiant trespass – This crime is a petty disorderly persons offense. It is punishable by up to 30 days in jail and up to $500 in fines.
Key Differences Between Breaking and Entering vs. Criminal Trespass
There are two key differences between breaking and entering and criminal trespass:
- Intent to commit a crime – Burglary (breaking and entering) requires that the person entered a property with the intent to commit a crime. For example, stealing property or brandishing weapons qualify.
- Punishments – Generally, the penalties for burglary are harsher than for criminal trespass. Burglaries are crimes of the first, second, or third degree. They’re punishable by prison time and significant fines. In contrast, criminal trespass is either a petty disorderly persons offense (misdemeanor) or a crime of the fourth degree (lowest-level felony).
Although the penalties for burglary are more severe than criminal trespass, even minor convictions can make it difficult to gain employment, rent a home, and maintain professional licenses.
Legal Defenses for Breaking and Entering or Criminal Trespass
The strongest defense for a burglary or criminal trespass charge will depend on the individual circumstances of your case. However, there are some common defenses to these crimes:
- Lack of intent – If you’re charged with burglary, your lawyer may argue that you lacked the intent to enter a structure and commit a crime therein.
- Mistaken entry – This defense hinges on a defendant’s good-faith mistake. For example, you might walk into the wrong home when you intended to visit a friend nearby. Similarly, you might reasonably believe you have permission to be on the property.
- Property ownership or lawful reason – If you own the property or have a lawful reason to be there (employee, maintenance worker, an invitation from property owner), you have not committed a crime.
- Abandoned property – This is a defense to criminal trespass. If a property is abandoned, it’s not trespassing for you to enter.
- Public property – If you were on public property—and didn’t go anywhere that the public isn’t allowed to be—you are not guilty of criminal trespass.
- Insufficient evidence – A prosecutor may not have enough evidence to prove all elements of the crime. For example, if they cannot prove you intended to commit a crime after entering a home, they won’t be able to prove a burglary charge.
- Improper police procedures – Finally, if law enforcement failed to follow appropriate police procedures, your attorney may be able to get certain evidence excluded. This can lead to reduced or dismissed charges.
Why Choose Keith Oliver as Your Criminal Defense Attorney?
Keith Oliver Criminal Law only handles criminal defense cases. While other law firms divide their time between criminal and civil cases, we’re exclusively devoted to defending criminal charges.
Our extensive criminal justice experience means we know how to investigate and defend clients against criminal charges. Over the years, we have developed working relationships with former prosecutors, allowing us to see your case from a prosecutor’s perspective. We also have broad local knowledge of New Jersey’s state and federal courts. This has resulted in a proven track record of success, defending anything from traffic offenses to serious federal crimes.
When you work with us, you’ll get a New Jersey criminal defense attorney dedicated to fighting your case. As one of our client testimonials says:
“Keith Oliver went over and beyond my expectations as my lawyer. Any time I had a question, or needed to get in touch with him he was available. After hiring him I wouldn’t use any other attorney to represent me.”
We offer our clients personalized, 24/7 service: we take your calls and talk to you directly, so you always know what’s happening in your case.
Contact Our New Jersey Criminal Defense Lawyers for Help
When you need a criminal defense attorney in New Jersey, Keith Oliver Criminal Law is ready to protect your rights. Our firm prides itself on creating hard-hitting, strategic defenses for each client and charge. We’re focused on getting the best outcome possible, whether that’s reducing your charges or dismissing them altogether.
Charges like burglary or criminal trespass carry serious consequences, and you can’t afford to face those charges alone. With so much at stake, you need a knowledgeable attorney by your side. Keith Oliver Criminal Law offers free consultations 24/7 – contact us today to find out how an experienced criminal defense attorney can fight for you.