Breaking and Entering Lawyer Bergen County — What Are Your Defense Options?
A breaking and entering charge in Bergen County is a serious criminal offense under N.J.S.A. 2C:18-2, classified as a second, third, or fourth-degree crime with penalties including years in prison. Law Offices Of SRIS, P.C. provides focused defense for these charges. If you need a breaking and entering lawyer near me Bergen County, contact us as early as possible for a 24/7 phone consultation.
New Jersey Law on Breaking and Entering
In New Jersey, the crime commonly called “breaking and entering” is formally defined as burglary under N.J.S.A. 2C:18-2. The statute makes it unlawful to enter a structure or separately secured portion thereof with purpose to commit an offense therein, unless the structure was at the time open to the public or the actor is licensed or privileged to enter. The severity of the charge depends heavily on the circumstances, such as whether the actor was armed, whether the structure was a dwelling, or whether someone was present.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm has handled thousands of criminal cases across multiple states. We apply this deep institutional knowledge to building defenses for clients in Bergen County.
Official Legal Resources
For the official text of the burglary statute, refer to N.J.S.A. 2C:18-2 (official New Jersey Legislature site). For local court procedures and forms, visit the Bergen Vicinage website.
Handling a Breaking and Entering Case in Bergen County
Cases are prosecuted in the Bergen County Superior Court, Criminal Division, located in Hackensack. Prosecutors in this vicinage often seek significant penalties, especially if the alleged burglary involved a home. An early and strategic defense is critical. Our approach involves immediate investigation to challenge the element of intent, which the state must prove beyond a reasonable doubt.
- Initial Arrest & Complaint: You will be charged via a complaint-warrant or complaint-summons. Do not discuss the case with anyone except your attorney.
- First Appearance: This hearing in Superior Court addresses bail conditions and your right to counsel.
- Pre-Indictment Phase: Your attorney can negotiate with the prosecutor for a downgrade or dismissal before the case goes to a grand jury.
- Grand Jury & Indictment: For indictable offenses (felonies), the state presents evidence to a grand jury. If indicted, the case proceeds in Superior Court.
- Discovery & Pre-Trial Motions: Your defense attorney will file motions to suppress evidence or dismiss charges based on legal defects.
- Resolution: The case may resolve through a plea negotiation or proceed to a jury trial.
Potential Penalties for Breaking and Entering in NJ
In Bergen County, a breaking and entering (burglary) conviction can result in a prison sentence of 5 to 10 years for a second-degree crime, 3 to 5 years for a third-degree crime, and up to 18 months for a fourth-degree crime, along with significant fines.
| Offense Degree | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Dwelling, Armed, or Injury) | Second-Degree Crime | 5 – 10 years (Presumption of imprisonment) | Up to $150,000 | Felony record, loss of professional licenses, immigration consequences. |
| Burglary (Other Structure) | Third-Degree Crime | 3 – 5 years | Up to $15,000 | Felony record, difficulty securing employment/housing. |
| Burglary (Lesser Included/Attempt) | Fourth-Degree Crime | Up to 18 months | Up to $10,000 | Criminal record, possible probation. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of legal experience. We have handled over 4,739 cases with a documented favorable outcome rate. Our tagline, “Advocacy Without Borders,” reflects our commitment to aggressive representation. We focus on the specific facts of your case to identify weaknesses in the prosecution’s evidence.
Case Results & Client Advocacy
While specific case results in Bergen County for breaking and entering are not listed, our firm-wide record across NJ, NY, VA, MD, and DC includes over 4,739 cases with a high rate of favorable outcomes through dismissals, reductions, and acquittals. We apply the strategies proven in these cases to defend clients in Bergen County Superior Court.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Bergen County Breaking and Entering Lawyer
Our New Jersey location serves clients at Bergen County courts. We are accessible via I-80, the NJ Turnpike, Route 17, and the GW Bridge. If you are searching for an affordable breaking and entering lawyer Bergen County, we offer 24/7 phone consultations.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-3900
By appointment only.
We serve clients throughout Bergen County, including Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the difference between burglary and trespassing in New Jersey?
Yes, there is a major difference. Burglary (N.J.S.A. 2C:18-2) requires proof you entered a structure with the intent to commit a crime inside. Trespassing (N.J.S.A. 2C:18-3) only requires proof you entered or remained on property knowing you were not licensed or privileged to do so. Intent is the key distinction.
Can a breaking and entering charge be reduced to a disorderly persons offense?
It depends. Burglary is an indictable crime (felony). A skilled breaking and entering lawyer Bergen County may negotiate a reduction to a disorderly persons offense (misdemeanor) in some cases, depending on the evidence, your history, and the specific facts. This avoids Superior Court and reduces potential penalties.
What are common defenses to a breaking and entering charge?
Common defenses include lack of intent to commit a crime, mistaken identity, license or privilege to be in the structure, insufficient evidence of a “breaking” or unlawful entry, and constitutional violations like an illegal search. An attorney will investigate to find the best defense for your situation.
How long does a breaking and entering case take in Bergen County?
The timeline varies. A case resolved early by dismissal or plea may take several months. A case that goes through full discovery, pre-trial motions, and a jury trial in Bergen County Superior Court can take a year or more. Your attorney can provide a more specific estimate after reviewing your case.
Should I talk to the police if I’m accused of breaking and entering?
No. You have the right to remain silent. Politely decline to answer questions and immediately request an attorney. Anything you say can be used against you. Contact a breaking and entering lawyer near me Bergen County before speaking to investigators.
Related Practice Areas: Federal Criminal Defense Lawyer Bergen County | DUI Lawyer Bergen County
Other Locations: Breaking and Entering Lawyer Atlantic County | Breaking and Entering Lawyer Camden County
State Overview: New Jersey Breaking and Entering Lawyer
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Bergen County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, 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 federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Bergen 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: Bergen County NJ lawyers directory · Breaking and Entering Lawyer Hudson County, NJ · Breaking and Entering Attorney Monmouth County, NJ.