New Jersey Burglary Lawyer — What Are Your Defense Options?
Burglary in New Jersey is a serious indictable offense under N.J. Stat. § 2C:18-2, with penalties ranging from 18 months to 20 years in prison. As a New Jersey burglary lawyer, Law Offices Of SRIS, P.C. provides a strong defense against breaking and entering and other property crime charges.
Understanding New Jersey Burglary Law
In New Jersey, burglary is defined by statute as entering a structure or separately secured portion thereof with the purpose to commit an offense therein, unless the premises are at the time 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 actor was armed, inflicted bodily injury, or the structure was a dwelling. Burglary is always an indictable crime (felony), tried in the Superior Court, not municipal court.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the official text of the law, refer to N.J. Stat. § 2C:18-2 (official New Jersey Legislature site). For court procedures and forms, visit the New Jersey Courts website.
Local Defense Strategy for Burglary Charges
Building a defense starts immediately. Prosecutors must prove you entered a structure without privilege and had the intent to commit a crime inside at the time of entry. A common initial strategy is to challenge the element of intent or argue that the entry was privileged or that the state’s evidence is insufficient.
- Initial Arrest & Complaint: You will be charged via a complaint and warrant. An initial appearance will be scheduled.
- First Appearance & Detention Hearing: Under NJ’s Criminal Justice Reform Act, the court will hold a detention hearing to determine if you will be released pretrial.
- Pre-Indictment Phase: Your attorney reviews discovery, interviews witnesses, and may file motions to suppress evidence or dismiss the complaint.
- Grand Jury & Indictment: The case is presented to a grand jury. If indicted, it proceeds in Superior Court.
- Pre-Trial Motions & Plea Negotiations: Your lawyer files motions and engages in negotiations with the prosecutor, seeking dismissal, reduction, or a favorable plea offer.
- Trial or Disposition: If no agreement is reached, the case proceeds to a jury trial in Superior Court.
Potential Penalties for Burglary in New Jersey
In New Jersey, burglary is graded from a third-degree to a first-degree crime, with penalties escalating based on the circumstances of the offense.
| Offense Grade | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Standard) | Third-Degree Crime | 3-5 years | Up to $15,000 | Felony record, difficulty finding employment/housing. |
| Burglary of a Dwelling | Second-Degree Crime | 5-10 years | Up to $150,000 | Same as above, with No Early Release Act (NERA) possibly applying. |
| Burglary While Armed or Causing Injury | First-Degree Crime | 10-20 years | Up to $200,000 | NERA applies (85% of sentence must be served before parole eligibility). |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Burglary Defense
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 approach is grounded in a deep understanding of both prosecution tactics and defense strategy. We handle the details of your case, from analyzing police procedure errors to negotiating with prosecutors, aiming for the best possible resolution.
Our Approach to Burglary Cases
Our firm has documented success in handling property crime defense cases across New Jersey. We begin by securing all evidence, including police reports, witness statements, and any surveillance footage. We then develop a case-specific strategy, which may involve challenging the legality of a search, disputing witness identification, or arguing a lack of criminal intent.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our New Jersey Burglary Defense Team
If you are facing burglary charges, time is critical. Our New Jersey burglary lawyer is ready to start building your defense. We offer 24/7 phone consultations.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-3900
By appointment only.
We serve clients throughout Monmouth County, Ocean County, and surrounding areas, including near the Monmouth County Superior Court in Freehold.
Frequently Asked Questions About NJ Burglary Charges
What is the difference between burglary and trespassing in New Jersey?
Yes, there is a major difference. Trespassing is entering or remaining on property without permission. Burglary requires that entry plus the intent to commit a crime inside at the time of entry. Trespassing is typically a disorderly persons offense, while burglary is always an indictable crime (felony).
Can a burglary charge be reduced to a lesser offense?
It depends on the evidence and the specifics of your case. An experienced burglary attorney can often negotiate with prosecutors to reduce a burglary charge to criminal trespass or theft if the evidence for the intent element is weak or if there are procedural issues with the state’s case.
What should I do if I am arrested for burglary?
First, remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a New Jersey burglary lawyer as soon as possible to begin the defense process, which includes securing your release and challenging the evidence against you.
Is burglary a felony in New Jersey?
Yes. New Jersey classifies crimes as “disorderly persons offenses” (misdemeanors) or “indictable crimes” (felonies). All grades of burglary—third, second, and first degree—are indictable crimes tried in Superior Court, resulting in a permanent felony record upon conviction.
What are the possible defenses to a burglary charge?
Common defenses include lack of intent to commit a crime, mistaken identity, lawful right to be on the property (license or privilege), insufficient evidence, and violations of your constitutional rights during the investigation or arrest. A breaking and entering lawyer can identify which defenses apply to your situation.