Wanaque NJ Burglary, Trespassing Charges – NOT GUILTY after trial
Criminal Defense Lawyer in Passaic County, New Jersey
* Results may vary depending on your particular facts and legal circumstances. *
Criminal defense attorney Alissa Hascup recently represented a client who was originally charged with third degree burglary and invasion of privacy in Wanaque, New Jersey. Burglary is considered an indictable crime under section N.J.S.A. 2C:18-2 of the New Jersey Criminal Code. Typically, burglary is a third degree crime, as it was in this case, but it can be elevated to a more serious second degree crime if the defendant is allegedly armed with what appears to be a weapon, attempts to injure, or actually injures anyone during the commission of the offense. In this case, the client was charged with third degree burglary and was facing between 3 and 5 years in New Jersey State Prison if convicted. The case was first sent up to Passaic County Superior Court because it involved a felony; however, by highlighting the issues inherent in the case, Alissa was able to convince the Passaic County Prosecutor’s Office to downgraded the charges to criminal trespass and harassment and remand the case to the Wanaque Municipal Court for handling.
Now that the charges were downgraded, the client was facing less severe penalties, as criminal trespass, also known as trespassing, is typically a disorderly persons offense under N.J.S.A. 2C:18-3. Additionally, harassment, codified under N.J.S.A. 2C:33-4, is a disorderly persons offense unless the person is on parole or probation at the time of the offense, in which case it is a fourth degree crime. Disorderly persons offenses in New Jersey are punishable by up to 6 months in the county jail, a fine of up to $1,000, and a charge on the defendant’s criminal record.
In particular, the client was accused of entering the alleged victim’s home and placing a recording device in her child’s bedroom. Alissa reviewed the discovery, prepared with her client, and took the case to trial. The client was found “not guilty” after the trial, as the State could not prove that Alissa’s client (a friend of the family) wasn’t permitted in the residence at issue, nor could the State prove that her client had anything to do with the recording device. After the “not guilty” verdict, and the client was able to petition the Court for an expungement of the arrest, which removed the incident from his record entirely and assisting him in moving on with his life. This was clearly a fantastic result for the client and Alissa Hascup.
If you are facing criminal charges such as burglary, trespassing, harassment, or invasion of privacy in Wanaque or Passaic County, New Jersey, contact Alissa Hascup today to receive a free consultation about your case and discuss potential defense strategies. She is available 24/7 to assist you. Simply call 862-257-1200 today or contact her online.