Union County Trespassing Lawyer | SRIS, P.C.
Union County Trespassing Lawyer — What Are Your Defense Options?
A trespassing charge in Union County is a disorderly persons offense under N.J.S.A. 2C:18-3, carrying up to 6 months in jail and a $1,000 fine. Law Offices Of SRIS, P.C. provides defense for charges in Elizabeth, Westfield, and Plainfield. Our firm has 4,739+ documented case results firm-wide.
Last verified: April 2026 | Superior Court of NJ, Union Vicinage | New Jersey Legislature
New Jersey Trespassing Law
Trespassing in New Jersey is governed by Title 2C of the New Jersey Code of Criminal Justice. The core statute, N.J.S.A. 2C:18-3, defines the offense as entering or remaining in any place where notice against trespass is given, or where the actor is not licensed or privileged to be. The law distinguishes between defiant trespasser and peering into windows, with penalties varying based on the specific circumstances and location (e.g., school property, dwelling). A Union County trespassing attorney must analyze whether the prosecution can prove you knowingly entered or remained unlawfully.
Official Legal Resources
For the official text of New Jersey’s trespassing statute, see N.J.S.A. 2C:18-3 (official New Jersey Legislature). For local court procedures and forms, visit the Union Vicinage website.
Local Court Process for a Trespassing Charge
In Union County, trespassing cases are heard in the Municipal Court where the alleged offense occurred (e.g., Elizabeth, Westfield). The process begins with a summons or complaint. New Jersey’s bail reform means release is based on a Public Safety Assessment, not cash bail. A Union County trespassing law firm like ours knows that early intervention is key, as options like conditional discharge for first-time offenders must be pursued quickly.
- Receive the complaint/summons with your court date.
- Consult with a defense attorney before your first appearance.
- Attend your arraignment to enter a plea of not guilty.
- Your attorney will review discovery and file pre-trial motions if warranted.
- Negotiate with the municipal prosecutor for a dismissal, PTI, or reduced charge.
- Proceed to trial if a fair resolution cannot be reached.
Potential Penalties for Trespassing in Union County
In Union County, a trespassing conviction as a disorderly persons offense can result in up to 6 months in the county jail, a $1,000 fine, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Defiant Trespasser | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | None directly | Criminal record, possible probation, community service |
| Peering Into Windows | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | None directly | Criminal record, sex offender registry potential, probation |
| Trespass on School Property | Disorderly Persons Offense (Enhanced) | Up to 6 months | Up to $1,000 | None directly | Criminal record, possible restraining order from school grounds |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We understand that a trespassing charge can stem from a misunderstanding, a boundary dispute, or an innocent mistake. Our approach is to build a defense that challenges the element of intent and the validity of any “no trespassing” notice. We serve clients across Union County, from Elizabeth to Summit.
Documented Case Results
While specific trespassing case counts for Union County are not separately tallied, our firm-wide record includes 4,739+ documented criminal case results with a favorable outcome rate exceeding 93%. These results encompass a wide range of disorderly persons offenses, including trespassing, where strategies led to dismissals, reductions, or favorable diversions. Results may vary. Prior results do not aim for a similar outcome.
Union County Trespassing Lawyer Near You
Our New Jersey location represents clients at Union County courts in Elizabeth. We serve communities throughout the county including Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield. Consultations are available 24/7 by phone.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 758-4477
24/7 phone consultations — meetings by appointment only.
Frequently Asked Questions
Is trespassing a felony in New Jersey?
No. Most trespassing offenses in New Jersey are classified as disorderly persons offenses, which are similar to misdemeanors. However, certain aggravated circumstances or trespass with intent to commit another crime can elevate the charge.
Can a trespassing charge be expunged in NJ?
Yes. A disorderly persons trespassing conviction is eligible for expungement in New Jersey after a waiting period of 2 years from the date of conviction, payment of fines, and completion of probation, provided you have no other criminal convictions.
What is a “defiant trespasser” in NJ?
Under N.J.S.A. 2C:18-3(b), a defiant trespasser is someone who enters or remains in any place where notice against trespass is given by actual communication, posting of signs, or fencing. The prosecution must prove you knew you were not allowed to be there.
What should I do if I am charged with trespassing?
Do not discuss the case with anyone except your attorney. Contact a Union County trespassing lawyer immediately. An attorney can review the details, such as whether proper notice was posted, and begin building your defense before your first court date.
Are there defenses to a trespassing charge?
Yes. Common defenses include lack of intent (you believed you had permission), insufficient notice (no signs or communication), mistake of fact, or that you were on the property for a legitimate purpose like an emergency.
For more information on related legal issues, see our pages on New Jersey Criminal Defense, Bergen County Criminal Defense Lawyer, and Union County DUI Lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.