Burglary Lawyer New Jersey — What Are the Penalties and Defenses?
Burglary in New Jersey is an indictable crime under N.J. Stat. § 2C:18-2, classified as a second, third, or fourth-degree offense with severe penalties. If you are charged, you need a burglary lawyer in New Jersey from Law Offices Of SRIS, P.C. Our firm has extensive experience defending against these serious charges in Superior Court.
New Jersey Burglary Law and Definitions
Burglary is defined under New Jersey law as entering a structure or separately secured portion of a structure with the purpose of committing an offense inside. The severity of the charge depends on factors like whether the structure was a dwelling, if anyone was present, or if the defendant was armed. A burglary attorney in New Jersey must understand these nuances to build an effective defense.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the official statute, refer to N.J. Stat. § 2C:18-2 (official New Jersey Legislature site). Court information and procedures can be found at the New Jersey Courts website.
Handling a Burglary Case in New Jersey
Burglary cases in New Jersey are prosecuted in the Superior Court, Criminal Division. Prosecutors take these charges seriously, especially if the alleged burglary involved a home. An experienced burglary law firm in New Jersey will immediately scrutinize the evidence, including the legality of any police search and the proof of intent to commit a crime inside.
- Initial Arraignment: You will be formally advised of the charges and enter a plea of not guilty.
- Discovery Phase: Your attorney will obtain all police reports, witness statements, and physical evidence from the prosecution.
- Pre-Trial Motions: Your lawyer may file motions to suppress illegally obtained evidence or dismiss charges for lack of probable cause.
- Plea Negotiations: Based on the evidence, your attorney will negotiate with the prosecutor for a potential reduction or dismissal.
- Trial Preparation: If no agreement is reached, your defense team will prepare for trial, focusing on challenging the state’s proof of intent and unlawful entry.
- Sentencing: If convicted, your lawyer will advocate for the most lenient sentence possible under the circumstances.
Potential Penalties for Burglary in New Jersey
In New Jersey, burglary penalties range from 18 months to 10 years in state prison, with fines up to $150,000, depending on the degree of the crime.
| Offense Degree | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (2nd Degree) | Crime of the 2nd Degree | 5-10 years | Up to $150,000 | None directly | Permanent felony record, loss of professional licenses, immigration consequences. |
| Burglary (3rd Degree) | Crime of the 3rd Degree | 3-5 years | Up to $15,000 | None directly | Permanent felony record, difficulty securing employment and housing. |
| Burglary (4th Degree) | Crime of the 4th Degree | Up to 18 months | Up to $10,000 | None directly | Permanent criminal record. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Criminal Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to complex criminal cases like burglary. Our “Advocacy Without Borders” philosophy means we use every available resource to defend your rights and future.
Case Results and Client Advocacy
Our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. While results vary by case, our consistent approach focuses on thorough investigation, challenging the prosecution’s evidence, and protecting our clients’ constitutional rights from the initial charge through resolution.
Results may vary. Prior results do not aim for a similar outcome.
Burglary Defense Lawyer Near Tinton Falls, NJ
Our New Jersey location is centrally positioned to serve clients across Monmouth County and the surrounding areas. If you need a burglary lawyer near Tinton Falls, Red Bank, or Asbury Park, we are accessible for appointments.
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) 651-9900
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
Is burglary a felony in New Jersey?
Yes. In New Jersey, burglary is always an indictable offense, which is equivalent to a felony in other states. It is never a disorderly persons offense.
What is the difference between burglary and trespassing?
It depends on intent. Trespassing is simply entering or remaining on property without permission. Burglary requires the additional intent to commit a crime, such as theft, once inside the structure. This element of intent is often a key point of defense.
Can a burglary charge be reduced?
Yes. A skilled burglary lawyer in New Jersey can often negotiate to reduce a burglary charge to a lesser offense like criminal trespass, especially if the evidence for the required criminal intent is weak or if there are problems with how the evidence was obtained.
What are common defenses to burglary?
Common defenses include lack of intent to commit a crime, mistaken identity, lawful right to be on the property, and suppression of evidence obtained through an illegal search or seizure. Each defense depends entirely on the specific facts of the case.
Do I need a lawyer for a burglary charge?
Yes. The potential prison time and lifelong consequences of a felony conviction make it critical to have an experienced burglary attorney in New Jersey who can protect your rights and fight the charges at every stage.
Related Pages: New Jersey Criminal Defense Lawyer | Theft Lawyer New Jersey | Domestic Violence Lawyer New Jersey
Page last verified and updated: April 2026. Laws change frequently. For the most current guidance on your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.