Q: Is criminal trespass in NJ a fourth-degree or disorderly offense?

A: Based on your question it could possibly be either. The key word you mentioned was not permitted to be inside which would leave me to believe that the person had some type of knowledge that he knew he was not supposed to be on that property. That being said it sounds more like a disorderly person offense tresspass. If charged call one of us criminal lawyers we can help.

A: In New Jersey, criminal trespass can be charged as either a fourth-degree crime or a disorderly persons offense, depending on the circumstances. If someone unlawfully enters or remains in a structure like a garage that is not open to the public and does so knowing they don’t have permission, that typically falls under a **disorderly persons offense**. Prior warnings are not always required—what matters most is whether the person knew or should have known they didn’t have the right to be there.

However, if the garage is considered a **dwelling**, or if the person used force, deception, or surreptitious behavior to enter, the charge could be elevated to a **fourth-degree crime**. A “dwelling” usually means a place where someone sleeps or lives, so a detached garage used only for storage may not meet that definition. Without force, threats, or other aggravating factors, prosecutors often charge such cases as disorderly persons offenses.

Every case depends on details like the layout of the property, how the person entered, and what intent can be proven. If someone is facing charges, they should be clear on how the space is defined and whether there’s any evidence showing deliberate trespassing. It’s your right to ask how the charge is being classified and why.