Trespassing

Criminal Defense Firm Defending Against Trespassing & Unlicensed Entry in New Jersey

Being charged with trespassing or unlicensed entry in New Jersey may seem minor, but it can have serious consequences, especially if you are accused of entering someone else’s property with the intent to commit a crime. Even a single violation can result in fines, jail time, or a criminal record that affects your future employment and reputation.

At Lackey & Miller, LLC, our New Jersey criminal defense attorneys have more than 20 years of combined experience as prosecutors. As former prosecutors, we know how municipalities handle trespassing cases in Camden County, Burlington County, Gloucester County, Atlantic County, and across New Jersey, and we are prepared to defend you aggressively, whether through negotiation, dismissal, or trial.

Understanding Trespassing and Unlicensed Entry

Under N.J.S.A. 2C:18-3, trespassing occurs when a person:

• Enters or remains on property without permission.
• Refuses to leave after being asked by the owner or lawful authority to leave.
• Enters a structure, land, or vehicle without permission.

Trespassing can include:

• Entering someone’s home or yard without consent
• Going onto private property like businesses or schools without permission.
• Occupying abandoned or vacant property without authorization.

Trespassing charges may escalate to burglary if accompanied by intent to commit anther crime, such as theft or vandalism.

Penalties for Trespassing

• Disorderly Persons Offense – Entering property without permission, typically resulting in fines and up to 6 months in jail.
• Fourth-Degree Crime – Trespassing on school property, research facility, or other restricted area; up to 18 months in prison.
• Aggravated Circumstances – If combined with theft, assault, criminal mischief, penalties can increase significantly.

Even minor trespassing charges can appear on your criminal record, which may affect job applications, housing, and professional licenses.

South Jersey Trespassing Cases

• Residential disputes in Cherry Hill, Pennsauken, or Deptford.
• Individuals caught on business property after hours in Atlantic City or Mount Laurel.
• Land or property disputes in rural areas of Salem or Cumberland County.

Having an attorney familiar with the local municipal courts is critical. Judges and prosecutors in South Jersey often have specific policies for handling trespassing cases, and familiarity with these patterns can make a difference in your defense.

Common Defenses

Trespassing defenses often involve questions of intent, authority, or evidence:

• Permission or Lawful Authority – If you had consent or a legal right to be on the property.
• No Criminal Intent – Entering without realizing I was private property or believing it was public.
• Disputed Boundaries – Property lines or unclear signage may create reasonable doubt.
• Mistaken Identity – Alleged witnesses may misidentify you.
• Procedural Issues – Illegal search, unlawful citation, or other mistakes by law enforcement.

Why Choose Lackey & Miller for Trespassing Defense?

• Former Prosecutors – We know how trespassing cases are evaluated from the State’s perspective.
• Trial-Ready Representation – While many cases can be resolved without trial, we are prepared to fight aggressively in court if necessary.
• Local Expertise – We regularly defend clients across Camden, Burlington, Gloucester, Atlantic, Cumberland, and Salem Counties.
• Client-Focused Approach – We take the time to understand your circumstances and craft a strategy to protect your future.

Call Our New Jersey Criminal Defense Firm Today

If you are facing a trespassing or unlicensed entry charge in New Jersey, don’t wait. These charges can have long-term consequences, but an experienced attorney can make a significant difference in the outcome.

Call Lackey & Miller, LLC today for a free consultation. Let our local knowledge, courtroom experience, and former prosecutor insight work for you.