Legal Question in Real Estate Law in New Jersey
Is trespassing, in the form of "pool hopping", where no damage from mischief occurs, considered a misdemeanor or a felony, for a child under 18 years, in the State of New Jersey?
1 Answer from Attorneys
Technically, NJ does not have felonies/misdemeanors. We use degrees of crime. This charge would likely be a fourth degree offense (least serious). It could potentially be downgraded to a non-indictable municipal/disorderly persons offense to be heard in municipal court, as opposed to Superior Court. Prosecutor may allow for pre-trial intervention (PTI) which basically serves as 'parole' and if defendant abides by the conditions, which will likely include community service, the charge could ultimately be dropped. Becasue in this instance the defendant is a minor, it is more likely that this is heard in juvenile court (with similar outcome).