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Trespassing Lawyer in Burlington County, NJ — What Are Your Defenses?

Trespassing in Burlington County is prosecuted under N.J.S.A. 2C:18-3 and can be a disorderly persons offense or an indictable crime. A conviction can bring jail time, fines, and a permanent record. Law Offices Of SRIS, P.C. provides defense for trespassing charges in Mount Holly Municipal Court and Burlington County Superior Court. Our trespassing lawyer Burlington County NJ team is available 24/7.

New Jersey Trespassing Law and Penalties

Trespassing in New Jersey is defined by statute as entering or remaining in any place where notice against trespass is given, or in a school, research facility, or dwelling. The specific law is found in N.J.S.A. Title 2C:18-3. The severity of the charge depends on the location and circumstances of the alleged trespass.

Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature

As a former prosecutor, Mr. Sris, founder of Law Offices Of SRIS, P.C. (established 1997), understands how these charges are built and how to challenge them effectively.

Official Legal Resources

Local Court Process for a Trespassing Charge

The court handling your trespassing charge in Burlington County depends on its classification. Disorderly persons trespassing cases are heard in the Mount Holly Municipal Court. Indictable offenses (felony-equivalent) are handled by the Burlington County Superior Court Criminal Division in Mount Holly. New Jersey’s bail reform means pretrial release is based on a risk assessment, not cash bail.

  1. Arraignment: You will be formally advised of the charges and enter a plea of not guilty.
  2. Discovery & Investigation: Your attorney will obtain all evidence, including police reports and witness statements, to identify weaknesses in the prosecution’s case.
  3. Pre-Trial Motions: Your lawyer may file motions to suppress evidence obtained unlawfully or to dismiss the charge if the state lacks proof.
  4. Negotiation or Trial: Based on the evidence, your attorney will negotiate for a favorable plea agreement or prepare to defend you at trial.
  5. Sentencing or Diversion: If convicted, your lawyer will argue for minimal penalties. For eligible first-time offenders, they will advocate for Pre-Trial Intervention (PTI) or Conditional Discharge.

Potential Penalties for Trespassing in Burlington County

In Burlington County, trespassing penalties range from fines for a disorderly persons offense to years in prison for an indictable crime, with additional consequences like a permanent criminal record.

Offense Level Classification Incarceration Fine License Impact Additional Consequences
Defiant Trespass Disorderly Persons Offense Up to 30 days Up to $500 None Criminal record, possible probation.
Peering into Windows Disorderly Persons Offense Up to 6 months Up to $1,000 None Criminal record, possible Megan’s Law registration if deemed a peeping Tom offense.
Trespass on School Property 4th Degree Crime Up to 18 months Up to $10,000 None Felony-level record, significant impact on employment and housing.
Trespass in a Dwelling 4th Degree Crime Up to 18 months Up to $10,000 None Felony-level record, potential restraining order.

Results may vary. Prior results do not aim for a similar outcome.

Why Choose Our Firm for Your Trespassing Defense

Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your defense. Our firm-wide track record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. We understand the local Burlington County courts and how to build an effective defense strategy for trespassing charges.

Case Results and Client Advocacy

Law Offices Of SRIS, P.C. actively practices in Burlington County. While specific local case counts are not disclosed, our firm-wide record demonstrates consistent results. We have successfully defended clients against trespassing charges by challenging the legality of the “notice,” arguing lack of intent, and securing diversions for first-time offenders.

Results may vary. Prior results do not aim for a similar outcome.

Local Burlington County Defense

44 Apple St 1st Floor, Tinton Falls, NJ 07724, United States

Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-9900
By appointment only.

Our New Jersey location serves clients at Burlington County courts. We are accessible via the NJ Turnpike and I-295. As a trespassing law firm Burlington County NJ, we provide 24/7 phone consultations at (888) 437-7747, with meetings by appointment only. We serve communities throughout Burlington County including Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton.

Trespassing Defense FAQs for Burlington County

Is trespassing a felony in New Jersey?

It depends. Simple “defiant trespass” is a disorderly persons offense (misdemeanor). Trespass in a school, research facility, or dwelling is a 4th-degree indictable crime (felony-equivalent). The specific circumstances determine the charge level.

Can a trespassing charge be dropped in Burlington County?

Yes, charges can be dropped if the prosecution lacks evidence or if your defense attorney successfully argues a legal defense, such as lack of proper notice or that you had a legitimate reason to be on the property. Negotiating for a diversion program like Conditional Discharge can also lead to a dismissal.

What is the difference between Municipal Court and Superior Court for trespassing?

Disorderly persons trespassing cases are heard in Mount Holly Municipal Court, with penalties up to 6 months in jail. Indictable trespassing crimes (4th degree or higher) are handled in Burlington County Superior Court in Mount Holly, where penalties can include state prison time.

Do I need a lawyer for a trespassing ticket?

Yes. Even a disorderly persons ticket creates a criminal record that can affect employment, housing, and professional licenses. A trespassing lawyer Burlington County NJ can work to get the charge dismissed, reduced, or diverted to avoid a conviction.

What are common defenses to a trespassing charge?

Common defenses include lack of intent to trespass, absence of legally posted notice (e.g., no signs, no oral warning), having permission to be on the property, or being mistakenly identified. An attorney will investigate the facts to identify the strongest defense for your case.

Related Practice Areas: If you are facing other charges, our firm also handles Criminal Defense in Burlington County, DUI/DWI, and Domestic Violence cases.

Other Localities: We also assist clients in nearby areas like Hunterdon County and Somerset County.

Learn More: For more information on our statewide practice, visit our New Jersey Criminal Defense Lawyer hub page.

Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.

Attorney advertising. Prior results do not aim for a similar outcome.

Under N.J. Stat. § 14A:1-1, state law governs this practice area.