Criminal Attempt Lawyer Burlington County — What Are Your Defenses?
A criminal attempt charge in Burlington County is a serious indictable offense under N.J.S.A. 2C:5-1, graded one degree lower than the target crime. A conviction can lead to years in prison and a permanent record. Law Offices Of SRIS, P.C. provides focused defense for these complex charges.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
New Jersey Law on Criminal Attempt
In New Jersey, a person is guilty of criminal attempt under N.J.S.A. 2C:5-1 if, acting with the kind of culpability otherwise required for the commission of a crime, they purposely engage in conduct that constitutes a substantial step toward the commission of that crime. The charge is not based on mere thought or preparation alone; the state must prove a “substantial step”—conduct strongly corroborative of the actor’s criminal purpose. For example, purchasing tools for a burglary or lying in wait for a victim can constitute a substantial step. The grading of an attempt offense is generally one degree lower than the most serious crime attempted. Therefore, attempting a first-degree crime like aggravated sexual assault is a second-degree offense, carrying 5-10 years in state prison.
Official Legal Resources
For the full statutory language, refer to the official New Jersey criminal attempt statute (N.J.S.A. 2C:5-1). All attempt cases in Burlington County are prosecuted in the Superior Court of New Jersey, Burlington Vicinage located at 49 Rancocas Road, Mount Holly.
- Your first court appearance will be a Central Judicial Processing (CJP) hearing, not a bail hearing, due to NJ’s bail reform.
- The Burlington County Prosecutor’s Office will review police reports and decide whether to seek an indictment.
- If indicted, your case proceeds in Superior Court for pre-trial motions, where your attorney can file to suppress evidence or dismiss the charge.
- A key defense strategy involves attacking the “substantial step” element, arguing your actions did not go beyond mere preparation.
- Negotiations for Pre-Trial Intervention (PTI) or a plea to a lesser disorderly persons offense may be possible for first-time offenders.
- If no resolution is reached, the case will proceed to a jury trial in Burlington County.
Potential Penalties for Criminal Attempt in Burlington County
In Burlington County, a criminal attempt conviction carries penalties based on the degree of the crime attempted, including state prison time, fines, and a permanent criminal record.
| Degree of Attempted Crime | NJ Offense Grade | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| 1st Degree (e.g., Murder, Aggravated Sexual Assault) | 2nd Degree Crime | 5-10 years | Up to $150,000 | NERA (85% parole ineligibility), Megan’s Law registration if applicable |
| 2nd Degree (e.g., Sexual Assault, Certain Robberies) | 3rd Degree Crime | 3-5 years | Up to $15,000 | Loss of professional licenses, firearm restrictions |
| 3rd Degree (e.g., Aggravated Assault, Theft) | 4th Degree Crime | Up to 18 months | Up to $10,000 | Immigration consequences, difficulty finding employment/housing |
| Disorderly Persons Offense | Disorderly Persons Offense | Up to 6 months (county jail) | Up to $1,000 | Criminal record, possible probation |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Burlington County Attempt Charge
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings a combined 120+ years of legal experience to every case. Our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. We understand that an attempt charge hinges on the state’s ability to prove intent and a substantial step—nuanced legal concepts that require a deep understanding of New Jersey law and Burlington County court procedures.
Case Results & Client Advocacy
While specific Burlington County results are confidential, our firm-wide approach to criminal attempt charges focuses on early case evaluation to identify weaknesses in the state’s proof. We meticulously review all discovery—police reports, witness statements, digital evidence—to contest the element of “substantial step.” A strong defense may involve demonstrating that the alleged conduct never progressed beyond mere preparation or that the client lacked the specific intent to complete the underlying crime.
Results may vary. Prior results do not aim for a similar outcome.
Criminal Attempt Defense in Burlington County, NJ
Our New Jersey location serves clients across Burlington County, including Mount Holly, Mount Laurel, Moorestown, and Medford. We are familiar with the local courts and prosecutors.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
Frequently Asked Questions: Criminal Attempt Charges
What is the difference between preparation and a “substantial step” in a criminal attempt case?
It depends. New Jersey law requires a “substantial step” strongly corroborating criminal intent. Mere preparation (like buying a legal item) is not enough. A step (like driving to a location with a weapon) may be. The line is fact-specific, making a skilled criminal charge defense lawyer Burlington County essential to argue your actions did not cross it.
Can I be charged with both an attempt and the completed crime?
No. Under N.J.S.A. 2C:1-8, you cannot be convicted of both the attempt and the completed crime for the same conduct. The prosecution will typically proceed on the more serious charge. A criminal case representation lawyer Burlington County can negotiate to have the attempt charge dismissed if evidence supports the completed offense.
Is entrapment a defense to criminal attempt in NJ?
Yes, if a law enforcement officer induced you to commit a crime you were not already predisposed to commit. This defense requires showing improper government conduct. Proving entrapment is complex and hinges on the specific facts of your interaction with police or informants.
What is PTI for an attempt charge?
Pre-Trial Intervention (PTI) is a diversion program for first-time offenders charged with indictable crimes (like 3rd or 4th degree attempts). Successful completion results in dismissal. Eligibility is not automatic; a strong application advocating for your admission is crucial.
How long does a criminal attempt case take in Burlington County?
Timelines vary. From arrest to indictment may take 90 days. Pre-trial motions and negotiations can add months. A case may resolve in under a year or extend beyond 18 months if it goes to trial. Complexity and court scheduling are major factors.
For representation from a dedicated Criminal Attempt lawyer Burlington County, contact us 24/7. We also provide sex crime defense in Bergen County and general criminal defense across New Jersey. If you have other legal needs, consider our services for business law in Burlington County.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
Burlington County cases are handled by our New Jersey criminal attempt practice, where the whole process is set out.