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Table of Contents

New Jersey Trespassing Charges

Our Approach

New Jersey Trespassing charges can take many forms.
If you are charged with trespassing, please call us.
You will benefit from our extensive trial experience.
Most importantly, we will be honest about your chances of winning your case.
We never guarantee results.
However, we absolutely guarantee that we will aggressively fight for you!

Your case is as important to us as it is to you.  Each case is different and we welcome the opportunity to protect & defend you.

When you hire us, you will get complete access to us. We respond to all communications & love answering questions.
Our fees are reasonable and we offer payment plans.

What is the trespassing law in New Jersey?

Under New Jersey Law (N.J.S.A. 2C:18-3) there are 3 types of Trespassing

If you’re facing New Jersey Trespassing charges, you may want to read the actual law.

It is located HERE for your review.

However, we took the extra step and broke it down for you.

I. Unlicensed Entry of Structures

A person commits unlicensed entry when he or she enters a building without authorization. If a person trespasses another person’s home or a property belonging to a school, he or she could be charged with fourth-degree trespassing, which can lead to six (6) months in jail and a $1,000.00 fine.

Read this article for more on FIGHTING FELONY CHARGES.

II. Unlawful Peering Into Windows

This type of New Jersey Trespassing charge is called “unlawful peering”.

It is a fourth-degree criminal offense, subjecting you to six (6) months in jail and a $1,000.00 fine. 

III. defiant trespass

You may charged with defiant trespassing when you enter a property despite having been given the notice to stay off the premises.

Notice may be provided verbally or through a sign.

Defiant trespassing is considered a New Jersey Trespassing charge. 

You face a criminal conviction and getting up to 30 days in jail.

Defenses To New Jersey Trespassing Charges

You have three ways to win your case

(1) The “place” you entered was abandoned;

(2) The “place” was at the time open to members of the public and the you complied with all lawful conditions imposed on access to or remaining in the structure; or

(3) You “reasonably believed” that the owner of the place “consented” to your actions.

Does a trespassing charge stay on your record?

If you are convicted of a New Jersey Trespassing charge, it will stay on your record for either 5 or 10 years depending on the type of case you have.

If i'm innocent, can i get a trial?

You absolutely have a right to a trial.
Our New Jersey Trespass charge lawyers will prepare your defense and take your matter to trial.
Remember: You are presumed innocent until proven guilty.

important tip: Be Patient! You will Get Your Day in Court

Remember, when you talk to a police officer, everything you say can & will be used against you.
Do not try to explain your story to a police officer. There is always time for that.
If you make a mistake while you are telling your story to a police officer, this becomes evidence against you.
Be patient and hire a NJ Trespassing lawyer to help you with your criminal case.

famous Trespassing cases

  • State v Hamilton – Fact that criminal complaint charging defendants with defiant trespassmisidentified location of the trespass as municipal property, when in fact it was county property…
  • State v Besson – Defendant was convicted before the Municipal Court of Roselle of interfering with school assembly and trespass of school property and he appealed. The County Court, Stamler, N.F., J.C.C., held that where teacher’s ‘vigil of protest’ was confined solely to one area of school’s parking lot where he and others with him were quiet and…
  • State v Gibson – and therefore probable cause, to arrest Gibson for the petty disorderly persons offense of defiant trespass. The circumstances warranting an objectively reasonable police officer finding probable cause for defiant trespass, according to the State, include Gibson’s leaning on the porch of the Omega property, the officer’s knowledge that the property was in a high-crime area, prior complaints of the…

New Jersey Trespassing Charges N.J.S.A. 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, or in or upon utility company property.

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.

An offense under this subsection is a crime of the fourth degree if it is committed in or upon utility company property. 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

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.

  • New Jersey Trespassing Lawyer Near Me

If you would like to meet with us to discuss your case, we offer FREE consultations.

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