Lindenwold NJ Trespassing Lawyers

Criminal Trespass Defense Attorneys in Camden County and South Jersey

Trespassing Lawyers Cherry Hill NJUnbeknownst to many, there is no one-size-fits-all when it comes to trespassing in New Jersey. In fact, a charge for criminal trespass in violation of N.J.S.A. 2C:18‑3 can refer to the unlicensed entry of a structure, an act of defiant trespass, or peering into a dwelling. In other words, the specific circumstances that surround a trespassing case will determine the degree of the charges and the penalties to which a person is exposed if convicted. Fortunately, there are numerous defenses that can be used to have a trespassing charge dismissed in New Jersey. If you have been charged with criminal trespass in Camden County, an experienced criminal defense attorney can ensure that you understand and pursue all available strategies to potentially get the charges dropped. By avoiding a conviction, you can prevent fines, a criminal record, and even jail time.

At our Camden County criminal defense law firm, our highly skilled criminal lawyers are committed to delivering superior results for clients charged with trespassing, burglary, criminal mischief, and other criminal offenses in South Jersey. With a reputation for excellence, our featured attorney William C. Fay employs his time at the New Jersey Attorney General’s Office, where he served as a Deputy Attorney General, to effectively challenge the State’s case against our clients. With local offices, our team has successfully represented countless clients in Camden County, such as Gloucester Township, Cherry Hill, Pennsauken, Stratford, and Voorhees. To learn more about how we can help you, contact our firm today at 609-832-3202 for a free consultation.

Criminal Trespass Charges in New Jersey: N.J.S.A. 2C:18‑3

The New Jersey statute that addresses trespassing offenses can be found in section N.J.S.A. 2C:18‑3 of the Criminal Code. According to this law, there are several different types of criminal trespass. The first involves unlicensed entry or remaining in a structure. Notice that the type of structure is important in the grading of the offense. If the offense is committed in a school, on school property, in a dwelling, or in a research facility, trespassing is a fourth degree crime. If none of these apply, criminal trespass is a disorderly persons offense.

The second type is defiant trespassing, which applies when a person enters or remains in a place after being warned against it. The fact that you are not entitled to be inside can be indicated through a variety of means, including fencing, “No Trespassing” signs, or verbal communication. Defiant trespass is a petty disorderly persons offense, which is the lowest-level criminal offense in New Jersey.

Lastly, trespassing law encompasses what is known as “peering.” This type of offense involves looking through windows or openings in a dwelling without the observed person’s knowledge. Peering is often referred to as “invasion of privacy.” This type of trespassing is a fourth degree crime.

It is important to note that trespassing can be considered an act of domestic violence if it is against a former spouse, partner, or other person who qualifies as a victim under the NJ Prevention of Domestic Violence Act. If you are charged with trespassing in the context of domestic violence, you may also face a restraining order.

The statute provides, in pertinent part:

§ 2C:18‑3. Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses

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. 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. 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 into windows or other openings of dwelling places. 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.

Potential Consequences of Trespassing in Gloucester Township NJ

Depending on the type and degree of criminal trespass, the potential penalties can vary significantly. Specifically, a petty disorderly persons offense for defiant trespass is punishable by up to 30 days in jail and a fine up to $500. A disorderly persons offense for unlicensed entry of a structure is punishable by up to 6 months in the county jail, a maximum fine of $1,000, and a conviction on your criminal record. A fourth degree crime for peering or trespassing is the most serious type of trespass offense and is punishable by a New Jersey State Prison term of up to 18 months, as well as a maximum fine of $10,000, and a felony on your criminal record. There are several others potential consequences associated with trespassing in New Jersey, including probation, driver’s license suspension, and restitution payments to the victim.

Defenses for Trespassing Charges in Pennsauken NJ

There are numerous ways to defend against trespassing charges in New Jersey. For example, if the structure was abandoned or if the place was open to the public at the time of the alleged offense. You can also successfully get trespassing charges dismissed by demonstrating that you reasonably believed the owner of the structure, or other person empowered to give you access, would have allowed you to enter or remain, or, in the case of peering, to look through a window or opening.

Pemberton NJ Criminal Trespass Defense Attorneys

If you or a loved one has been charged with trespassing in Camden or Burlington County, having an experienced criminal defense lawyer on your side can truly spell the difference between a positive and negative outcome. At our criminal defense law firm, our Camden County, NJ criminal attorneys always pursue the best possible outcome, whether it involves an outright dismissal at trial, having the charges downgraded to a lesser offense, or securing your enrollment in a diversionary program whereby the charges are dropped and you avoid a criminal record. For a free consultation about your specific case involving trespassing or other charges, contact us anytime at 609-832-3202. We are happy to provide you with a free case evaluation.


testimonials reviews
"Excellent criminal defense lawyer"

"William handled a matter for me and exceeded my expectations. He was excellent in all areas of the law and achieved an outstanding result. Best of all,he demonstrates honesty and integrity. I would highly recommend William and already have."


testimonials reviews

"I was so scared and nervous about my legal situation but Mr. Fay did an outstanding job with my case!!! I was so relieved with the outcome and he worked so hard for me! He was so calm and understanding and I’m so grateful for him. Thank you so very much for helping me! I am so grateful appreciative."


testimonials reviews
"All Charges Dropped & Expunged"

"William defended me in my marijuana + paraphernalia case, he had all charges dropped and expunged! Despite the fact I was long past conditional discharges/probation, etc. He has a sharp wit and a bright future ahead of him as an attorney. Thanks again Will!"


testimonials reviews
"Fantastic Lawyer"

"Mr. Fay is a fantastic lawyer. He helped me during a very stressful time in my life. He was knowledgeable about my case and what my options were. He answered all my questions and was very reassuring. He was there waiting for me at the entrance on my court date and made me feel at ease. He worked with the prosecutor to reduce my charges. I got the best outcome I could have hoped for. I highly recommend Mr. Fay if you need a lawyer."


testimonials reviews
"Marijuana Charges"

"I was arrested and summoned to court for possession of marijuana, even though I didn't have any on me. It was my first time getting in trouble and I was terrified and nervous. Mr. Fay came into court prepared and was extremely assuring. He made it very clear that he was going to fight for my case until the very end. He was extremely knowledgable about my case and the ways to resolve it. I would recommend Mr. Fay to anyone who has gotten into trouble."

former client

testimonials reviews
"Excellent lawyer. Highly recommended."

"Mr. Fay is extremely caring and knowledgeable. He took the time to explain the entire process in a very clear manner and was a tremendous help during a stressful time. He was always available to take a phone call and really showed that he cared about me and my case. I highly recommend Mr. Fay as an attorney." "

former client

testimonials reviews
"Highly recommend"

"Great lawyer. Created a best possible outcome for my case."

former client

testimonials reviews
"Amazing job, explains very clearly"

"He did a fantastic job on my case, making my penalty much less than I thought it could possibly be. He clearly understands what he is doing and can explain everything in a way that anyone can understand. Any questions I had were answered very clearly and he listened to all small details of my case."

former client

Request a Free Consultation

Request a Free Consultation

If you or someone you love has been charged with a criminal or DUI offense in New Jersey, finding the answers you need to make informed decisions is critical. Complete our contact form to request your free consultation or contact 609-832-3202

We are available 24/7 Nights and Weekends to Provide Free Consultations | Hablamos Español