Breaking and Entering Lawyer in Somerset County, NJ — What Are Your Defense Options?
Breaking and entering in Somerset County is a serious criminal offense under N.J.S.A. 2C:18-2, often charged as burglary. A conviction can lead to years in prison, substantial fines, and a permanent criminal record. If you are facing these charges, you need a dedicated breaking and entering lawyer Somerset County. Law Offices Of SRIS, P.C.
New Jersey Breaking and Entering Law
In New Jersey, the crime of breaking and entering is primarily governed by the burglary statute, N.J.S.A. 2C:18-2. The law defines burglary as entering a structure or separately secured portion thereof with the purpose to commit an offense inside, 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 such as whether the structure was a dwelling, if it was occupied at the time, and whether the actor was armed.
Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the statute, refer to N.J.S.A. 2C:18-2 (official New Jersey Legislature site). For local court procedures, visit the Somerset Vicinage website.
Local Court Process for Breaking and Entering Charges
Breaking and entering cases in Somerset County begin with an arrest and complaint, then proceed to the Superior Court, Law Division, for indictment and trial. The Somerset County Prosecutor’s Office handles these felony-level charges. The court mandates strict discovery deadlines and pre-trial conferences. An experienced breaking and entering lawyer near me Somerset County can handle these procedures to protect your rights.
- Initial Arrest & Complaint: You will be charged via complaint. Do not discuss the case with anyone before speaking with your attorney.
- First Appearance & Detention Hearing: The court will advise you of the charges and determine if you will be released pending trial.
- Grand Jury Indictment: The prosecutor presents evidence to a grand jury to secure a formal indictment for the felony charge.
- Pre-Trial Conferences & Discovery: Your attorney will file motions, review evidence, and engage in plea negotiations if appropriate.
- Trial or Disposition: The case will either proceed to a jury trial in the Law Division or be resolved through a negotiated plea.
- Sentencing: If convicted, sentencing will be based on New Jersey’s sentencing guidelines and the specific degree of the crime.
Potential Penalties for Breaking and Entering in New Jersey
In Somerset County, breaking and entering (burglary) is graded by degree, with penalties ranging from 5 years to 20 years in state prison, depending on the circumstances of the offense.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (3rd Degree) | Crime of the 3rd Degree | 3-5 years | Up to $15,000 | Felony record, restitution |
| Burglary (2nd Degree) | Crime of the 2nd Degree | 5-10 years | Up to $150,000 | Felony record, No Early Release Act (NERA) may apply |
| Burglary (1st Degree – Armed) | Crime of the 1st Degree | 10-20 years | Up to $200,000 | Felony record, NERA applies, extended parole ineligibility |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to every case. We have handled thousands of criminal matters, developing strategies to challenge evidence, negotiate with prosecutors, and defend clients at trial. Our approach is direct and focused on the specific details of your situation.
Case Results
Our attorneys work to achieve favorable outcomes. In past cases, we have secured dismissals, not guilty verdicts, and charge reductions for clients facing serious felony allegations. For example, in a Maryland case involving serious charges, we secured a disposition with a fully suspended sentence and probation. In another, charges were dropped via a nolle prosequi.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Somerset County Location
If you need an affordable breaking and entering lawyer Somerset County, our firm is accessible. Our New Jersey location serves clients throughout Somerset County, including Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster. We are familiar with the Somerset Vicinage courthouse and local prosecutors.
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 offer 24/7 phone consultations. Meetings are by appointment only.
Frequently Asked Questions
What is the difference between breaking and entering and burglary in New Jersey?
New Jersey law generally uses the term “burglary” (N.J.S.A. 2C:18-2) to describe what is commonly called breaking and entering. The charge involves unlawfully entering a structure with the intent to commit an offense inside.
Is breaking and entering a felony in NJ?
Yes. Burglary is always an indictable crime (felony) in New Jersey. It is graded from the third to the first degree, with first-degree burglary carrying the most severe penalties of 10 to 20 years in state prison.
Can I go to jail for a first-time breaking and entering offense?
It depends on the degree of the charge and the circumstances. Even a third-degree burglary conviction carries a presumption of a state prison sentence, though certain first-time offenders may be eligible for probation under specific conditions. An attorney can argue for a non-custodial sentence.
What are common defenses to a breaking and entering charge?
Defenses may include lack of intent to commit a crime inside, mistaken identity, license or privilege to be on the property, challenge to the legality of law enforcement’s search or arrest, or insufficient evidence to prove all elements of the crime beyond a reasonable doubt.
Should I talk to the police if I am suspected of breaking and entering?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and request to speak with your lawyer immediately. Anything you say can be used against you.
How quickly should I hire a lawyer after being charged?
Immediately. Early involvement by a breaking and entering lawyer Somerset County is important. An attorney can intervene during the investigation, advise you during questioning, work to secure your release, and begin building your defense before the case proceeds to indictment.
Related Legal Information
If you are facing criminal charges in Somerset County, you may also want to learn about federal criminal defense or DUI charges. For other legal matters in our service area, see our pages for Bergen County and Burlington County. Learn more about our firm-wide practice on our New Jersey criminal defense hub page.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Somerset 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 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 federal Immigration and Nationality Act. 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 · Breaking and Entering Lawyer Bergen County, NJ · Breaking and Entering Lawyer Hudson County, NJ · Breaking and Entering Attorney Monmouth County, NJ.