Burglary Defense Lawyer in Somerset County, NJ — What Are Your Options?
Burglary is a serious indictable crime in New Jersey, prosecuted in Somerset County Superior Court. A conviction can mean years in prison and a permanent felony record. Law Offices Of SRIS, P.C. provides a strong defense for burglary charges. Our firm-wide experience includes 4,739+ documented case results. We offer 24/7 consultations at (888) 437-7747.
Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
New Jersey Burglary Law and Penalties
In New Jersey, burglary is defined under N.J.S.A. 2C:18-2. The statute makes it a crime to enter a structure or separately secured portion thereof with the purpose to commit an offense therein, unless the premises are open to the public or the actor is licensed or privileged to enter. The severity of the charge depends on factors like whether the actor was armed or if someone was present during the burglary.
Founded in 1997, Law Offices Of SRIS, P.C. has a deep understanding of New Jersey’s criminal statutes. Our attorneys analyze the specific facts of your case to identify the most effective defense strategy.
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:18-2 (official New Jersey Legislature site). Court procedures for Somerset County are managed by the Superior Court of NJ, Somerset Vicinage.
Local Court Process for a Burglary Charge in Somerset County
All burglary cases in Somerset County begin as indictable offenses heard in the Superior Court, Criminal Division, located at 20 North Bridge Street in Somerville. New Jersey’s bail reform means your release pre-trial is based on a risk assessment, not cash. The local procedural fact is that Somerset County Superior Court handles all indictable offenses. A key strategic angle for a burglary charge defense lawyer in Somerset County is challenging the prosecution’s proof of “purpose to commit an offense,” which is a required element. This often involves scrutinizing police reports and witness statements for inconsistencies.
- Initial Appearance & Detention Hearing: You will appear before a judge for a first appearance, where the charges are formally read. A Public Safety Assessment score will determine if you are released or detained pending trial.
- Indictment by Grand Jury: The prosecution presents evidence to a grand jury, which decides if there is probable cause to issue a formal indictment.
- Pre-Trial Conferences: Your attorney will engage in discovery, review evidence, and attend status conferences to negotiate with the prosecutor, potentially seeking a plea to a lesser charge or diversion.
- Pre-Trial Motions: Your defense lawyer may file motions to suppress illegally obtained evidence or dismiss charges due to lack of evidence.
- Trial or Plea: If no plea agreement is reached, your case will proceed to a jury trial in Somerset County Superior Court, where the state must prove guilt beyond a reasonable doubt.
- Sentencing: If convicted, sentencing will follow, where arguments for a mitigated sentence can be made.
In Somerset County, a burglary conviction carries severe penalties, including 3 to 5 years in prison for a third-degree crime and 5 to 10 years for a second-degree crime, along with significant fines.
| Offense Level | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Unarmed, No One Present) | 3rd Degree Crime | 3-5 years | Up to $15,000 | Felony record, restitution, probation |
| Burglary (Armed, or Someone Present) | 2nd Degree Crime | 5-10 years | Up to $150,000 | Presumption of imprisonment, Graves Act penalties if armed |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our combined legal experience exceeds 120 years. We have a documented track record of handling criminal cases. Our approach is direct and focused on the details of your specific situation.
Case Results and Client Outcomes
While we maintain client confidentiality, our firm-wide record includes 4,739+ documented case results with over 93% favorable outcomes. These results span various criminal charges across our practice jurisdictions. For a breaking and entering defense lawyer in Somerset County, understanding local court tendencies is key. We actively practice in New Jersey courts.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Somerset County, NJ
Our New Jersey location serves clients facing charges at the Somerset County Courthouse in Somerville. We represent individuals from Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
Does New Jersey have cash bail?
No. NJ abolished cash bail in January 2017 under the Criminal Justice Reform Act. Pretrial release in Somerset County is determined by a Public Safety Assessment (PSA) — a computerized risk score, not money. There are no bail bondsmen in NJ.
What is Pre-Trial Intervention (PTI) in Somerset County, New Jersey?
It depends. PTI is a diversionary program for first-time indictable (felony) offenders in Somerset County. Successful completion of 1-3 years of supervision results in complete dismissal of charges. Eligibility depends on the nature of the offense and your criminal history.
Can I get my NJ criminal record expunged?
Yes. NJ allows expungement after waiting periods: 5 years for indictable crimes, 2 years for disorderly persons. NJ’s Clean Slate law expanded eligibility. PTI completions result in automatic dismissal. Petitions are filed in Somerset County Superior Court.
What is the difference between burglary and trespassing in NJ?
The key difference is intent. Trespassing is simply entering or remaining on property without permission. Burglary requires entering a structure with the purpose to commit an offense inside, such as theft. This makes burglary a more serious indictable crime.
What should I do if I am investigated for burglary?
It depends, but you should immediately exercise your right to remain silent and request an attorney. Do not speak to law enforcement without a burglary defense lawyer present. Contact a lawyer who can advise you on how to proceed and protect your rights from the very start of the investigation.
Related Legal Information
If you need a New Jersey criminal defense lawyer, explore our hub page. For defense in nearby areas, see our pages for Hunterdon County and Morris County. In Somerset County, we also assist with related matters like DUI/DWI defense and immigration law.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Somerset County, New Jersey
Indictable charges are heard in the Criminal Part of the Law Division; disorderly-persons offenses are heard in the municipal court where the charge was filed. In Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Somerset County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Somerset County NJ lawyers directory.