Criminal Trespass Defense Attorneys in New York & New Jersey
Charged with Criminal Trespass? Protect Your Rights and Future.
Criminal trespass occurs when someone unlawfully enters or remains on property without permission. While it may seem like a minor offense, both New York and New Jersey treat trespass seriously — especially if it involves private residences, businesses, or government property. A conviction can lead to jail time, fines, probation, and a permanent criminal record that affects employment and housing opportunities.
What Constitutes Criminal Trespass?
Trespass charges generally involve entering or staying on property without authorization. Examples include:
- Entering a home, apartment, or business without permission
- Remaining on property after being asked to leave
- Entering restricted government or school property
- Trespassing in connection with burglary or other crimes
Criminal Trespass Laws in New York
New York Penal Law Article 140 covers trespass offenses:
- Criminal Trespass in the Third Degree (Class B Misdemeanor): Entering or remaining unlawfully on property that is fenced or clearly posted; up to 3 months in jail.
- Criminal Trespass in the Second Degree (Class A Misdemeanor): Unlawfully entering or remaining in a dwelling; up to 1 year in jail.
- Criminal Trespass in the First Degree (Class D Felony): Entering a dwelling with a deadly weapon, firearm, or explosive; up to 7 years in prison.
Criminal Trespass Laws in New Jersey
New Jersey prosecutes trespass under N.J.S.A. §2C:18-3. Levels of offense include:
- Defiant Trespass (Petty Disorderly Persons Offense): Entering property with clear signs or verbal notice against entry; up to 30 days in jail.
- Unlicensed Entry of Structures (Disorderly Persons Offense): Entering buildings without permission; up to 6 months in jail.
- Fourth-Degree Crime: Trespassing in a dwelling, school, research facility, or utility company property; up to 18 months in prison.
Collateral Consequences of a Trespass Conviction
- A criminal record for unlawful entry, which employers and landlords may view negatively
- Immigration consequences for non-citizens
- Loss of credibility in future civil or criminal matters
- Enhanced penalties if trespass is combined with burglary, vandalism, or other crimes
Defense Strategies
Defense options may include:
- Lack of Intent: Showing that entry was unintentional or accidental.
- Permission: Establishing that the defendant had the property owner’s consent to be there.
- Mistaken Identity: Contesting whether the defendant was the person involved.
- Insufficient Evidence: Challenging surveillance, witness testimony, or police procedures.
- Constitutional Violations: Suppressing unlawfully obtained evidence.
Why Legal Representation Matters
Criminal trespass charges are sometimes underestimated, but the consequences can be serious — particularly when tied to more serious allegations like burglary or weapons possession. An experienced defense attorney in New York or New Jersey can analyze the facts, challenge the prosecution’s case, and fight for reduced charges, diversion programs, or dismissal.
