What Is Criminal Trespassing | Definition and Overview
Criminal trespassing involves entering or remaining on property without permission from the owner or lawful authority. While often considered a property-related offense, prosecutors can treat certain trespassing incidents as serious crimes, especially if there was intent to commit another offense or if the property was occupied.
Pennsylvania Definition
Under 18 Pa.C.S. § 3503, Pennsylvania defines criminal trespass as knowingly entering, breaking into, or remaining in a building or occupied structure without authorization. The severity of the charge depends on whether the property was secured, whether force was used, and whether there was intent to commit another crime inside.
New Jersey Definition
In New Jersey, criminal trespass is outlined under N.J.S.A. 2C:18-3. It occurs when someone enters or remains in a place without permission, whether it’s a home, business, or public facility. New Jersey recognizes multiple forms of trespass, including defiant trespass, unlicensed entry of structures, and peering (looking into windows or openings for an improper purpose).
Legal Process and Implications in Pennsylvania and New Jersey
Pennsylvania Criminal Trespass Charges
Criminal trespass in Pennsylvania can range from a summary offense to a felony, depending on how the alleged trespass occurred:
- Felony of the Second Degree: Breaking into a building or occupied structure by force, threat, or deception.
- Felony of the Third Degree: Entering or remaining in a structure knowing entry is unauthorized.
- Misdemeanor Trespass: Entering a fenced or secured property without permission.
- Summary Offense: Remaining on property after being told to leave.
Penalties for trespassing convictions can include imprisonment, probation, community service, and restitution to property owners. Counties like Philadelphia, Bucks, and Lehigh take trespassing charges seriously, especially when they involve private residences or businesses.
New Jersey Criminal Trespass Charges
In New Jersey, criminal trespass charges are also divided by severity:
- Fourth-Degree Crime: Entering a research facility, dwelling, or school property without permission. Punishable by up to 18 months in prison and $10,000 in fines.
- Disorderly Persons Offense: Entering or remaining in any structure knowing you are not licensed or privileged to do so. Punishable by up to 6 months in jail and $1,000 in fines.
- Petty Disorderly Persons Offense (Defiant Trespass): Remaining on property after receiving notice against trespassing (such as signs, fencing, or verbal warnings). Punishable by up to 30 days in jail and $500 in fines.
New Jersey’s Superior Courts, especially in Camden, Cumberland, and Atlantic Counties, often consider the defendant’s intent, cooperation, and history when determining penalties.
Types of Criminal Trespassing Charges and Penalties
| Charge Type | Jurisdiction | Example / Circumstance | Potential Penalties |
|---|---|---|---|
| Second-Degree Felony (PA) | Pennsylvania | Breaking into a home or building using force or deception | Up to 10 years in prison; fines up to $25,000 |
| Third-Degree Felony (PA) | Pennsylvania | Entering a building knowing entry is unauthorized | Up to 7 years in prison; fines up to $15,000 |
| Misdemeanor Trespass (PA) | Pennsylvania | Entering fenced or secured property without permission | Up to 1 year in jail; fines up to $2,500 |
| Summary Trespass (PA) | Pennsylvania | Remaining after being told to leave | Fine or up to 90 days in jail |
| Fourth-Degree Crime (NJ) | New Jersey | Entering a dwelling or restricted facility | Up to 18 months in prison; fines up to $10,000 |
| Disorderly Persons Trespass (NJ) | New Jersey | Unlawful entry into a structure | Up to 6 months in jail; fines up to $1,000 |
| Defiant Trespass (NJ) | New Jersey | Ignoring no-trespassing signs or verbal warnings | Up to 30 days in jail; fines up to $500 |
How Attorney Michael Kotik Handles Criminal Trespassing Cases
Attorney Michael Kotik takes a strategic, fact-driven approach to defending trespassing charges. He understands that these cases often stem from misunderstandings, mistaken identity, or lack of intent. His defense strategies are designed to uncover inconsistencies in the prosecution’s case and protect clients from unjust penalties.
When defending criminal trespass cases, Attorney Kotik:
- Reviews property access details to determine whether entry was actually unlawful.
- Challenges intent, demonstrating that the defendant did not intend to commit any additional crime.
- Examines witness statements and security footage for discrepancies.
- Negotiates with prosecutors for charge reductions or dismissal, particularly for first-time offenders.
- Advocates alternative resolutions, such as community service or conditional discharge, to avoid a criminal record.
His familiarity with local court systems—from Philadelphia and Lehigh to Camden and Atlantic Counties—gives him insight into how judges and prosecutors handle trespass-related cases, allowing him to tailor his defense accordingly.
Common Defenses to Criminal Trespassing Charges
Common legal defenses in trespassing cases include:
- Lack of intent: The defendant did not knowingly enter unlawfully.
- Consent or permission: The property owner allowed entry or did not object.
- Public property exception: The property was open to the public at the time.
- Mistaken identity: The accused was misidentified or wrongfully accused.
- Insufficient evidence: The prosecution cannot prove unauthorized entry beyond a reasonable doubt.
By building a defense based on these principles, Attorney Kotik works to protect his clients from severe legal outcomes.
Disclaimer
Every criminal case is different. The penalties and outcomes for trespassing charges depend on the facts, evidence, and jurisdiction. The information here is for general educational purposes and does not constitute legal advice. Results vary depending on the specific case and county. For tailored guidance, contact Attorney Michael Kotik directly.
Contact Attorney Michael Kotik
If you have been charged with criminal trespassing in Pennsylvania or New Jersey, don’t face the legal system alone. Contact Attorney Michael Kotik today for a confidential consultation and experienced legal representation.
Phone: (267) 265-4553
Email: michael.kotik@gmail.com
Office Locations: Serving Philadelphia, Bucks, Dauphin, Lehigh, Northampton, Camden, Cumberland, and Atlantic Counties
Attorney Michael Kotik provides aggressive defense with precision and passion, ensuring that every client receives the representation they deserve.