Trespassing charges in New Jersey are more serious than most people think. What might seem like a simple misunderstanding or harmless mistake can quickly turn into a criminal record that follows you for years. Whether you were accused of entering private property without permission or refusing to leave a place after being told to go, it’s important to take the situation seriously. If you’re facing this type of charge, an experienced trespassing defense lawyer like Matthew V. Portella can help you understand your rights and build a strong defense.
Trespassing Charges in New Jersey: What You Need to Know
New Jersey law outlines several different types of trespassing under N.J.S.A. 2C:18-3. One of the most common is defiant trespass, which involves knowingly entering or remaining in a place after being warned to stay out. That warning can come in many forms—verbal notice, posted signs, or even fencing. There are also more serious forms of trespassing, such as unlawfully entering a dwelling, school, utility facility, or any place where security or safety is a concern. These types of charges can be upgraded to indictable offenses, which are similar to felonies in other states.
Even a basic trespassing charge, classified as a disorderly persons offense, can lead to up to 30 days in jail and a fine. If the offense is elevated to a fourth-degree indictable crime—such as unlawfully entering a school or utility building—the consequences are much more severe. You could be facing up to 18 months in state prison and fines reaching $10,000. On top of the criminal penalties, a conviction can result in a permanent mark on your record that impacts employment, housing, and professional licensing.
What Counts as Criminal Trespassing in New Jersey?
Under N.J.S.A. 2C:18-3, New Jersey recognizes several types of trespassing:
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Defiant Trespass: Knowingly entering or remaining on someone’s property after being warned not to, either verbally, through signage, or by fencing.
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Unlawful Entry of Structures: Entering a building or enclosed area where no trespassing is permitted—like homes, schools, or utility facilities—without permission.
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Peering into Windows (Peeping): Looking into windows or openings of dwellings without legitimate purpose.
While some trespassing offenses are disorderly persons charges, others are more serious. Trespassing on critical infrastructure or entering a dwelling can be charged as a fourth-degree indictable offense.
What Are the Penalties for Trespassing?
Even a basic trespassing charge carries potential jail time. Here’s how it breaks down:
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Disorderly Persons Trespassing: Up to 30 days in jail and a fine of up to $500.
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Fourth-Degree Trespassing (structures like schools or utilities): Up to 18 months in state prison and fines up to $10,000.
In addition to jail, you may also face probation, community service, a permanent criminal record, and challenges finding employment or housing.
How a Trespassing Defense Lawyer Can Help?
These cases often turn on small facts. Were you told to leave? Was there a clear sign? Did you reasonably believe you had permission? A seasoned trespassing defense lawyer like Matthew V. Portella knows how to investigate every detail of your case and find the weak points in the prosecution’s version of events.
As a former prosecutor with more than 30 years of criminal defense experience, I know both sides of the courtroom. Based in Haddonfield, I represent clients throughout Camden, Gloucester, and Burlington Counties. I approache each case with one goal: protect your future and keep your record clean whenever possible.
I may be able to:
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Get your case dismissed or downgraded.
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Challenge the evidence and how it was collected.
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Seek enrollment in diversionary programs for first-time offenders.
Don’t Wait to Take Action
Trespassing may not sound serious, but prosecutors treat it like any other criminal charge. If you’ve been arrested or cited for trespassing, it’s critical to get help from a defense attorney who can guide you through the process, explain your options, and fight for the best outcome.
Contact the Law Office of Matthew V. Portella today to schedule a confidential consultation and begin building your defense.
Please call our firm today to schedule a consultation. We will defend you against trespass charges and seek a dismissal or reduction of charges.
FAQs About Trespassing Charges in New Jersey
Can I be charged with trespassing if there was no “No Trespassing” sign?
Yes. While signs help, verbal warnings or barriers like fences can also be enough to support a trespassing charge under New Jersey law.
Is trespassing a felony in New Jersey?
Some types of trespassing are considered indictable offenses, similar to felonies in other states—especially if it involves entering homes, schools, or secure facilities.
Can I go to jail for trespassing even if I didn’t mean to break the law?
Intent matters. If you reasonably believed you had permission to be there or didn’t know you were trespassing, that could be part of your defense.