Burglary Charges In NJ Lawyer | SRIS, P.C.
Burglary Charges In NJ — What Are the Penalties and Defenses?
Burglary charges in NJ are serious indictable offenses under N.J. Stat. § 2C:18-2, with penalties ranging from 5 to 20 years in prison. A conviction carries long-term consequences. If you are accused, you need a strong defense. The Law Offices Of SRIS, P.C. provides experienced legal representation for those facing burglary charges in NJ. We offer 24/7 consultations.
Understanding Burglary Charges In NJ
In New Jersey, burglary is defined by statute as entering a structure or separately secured portion thereof with the purpose to commit an offense inside. It is not merely trespassing; the prosecution must prove you intended to commit a crime like theft or assault upon entry. The severity of burglary charges in NJ depends on factors such as whether the structure was a dwelling, if it was occupied, and if a weapon was involved. A conviction can result in a lengthy prison sentence and a permanent criminal record.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the official statute, see N.J. Stat. § 2C:18-2 (official New Jersey Legislature site). For court procedures, visit the New Jersey Courts website.
Local Court Process for Burglary Cases
Burglary is an indictable crime in New Jersey, meaning it is handled in Superior Court, not municipal court. The process begins with a complaint and arrest. A first appearance is held where bail conditions are set. The case then proceeds to a grand jury for indictment. If indicted, the case moves to the Superior Court for pre-trial conferences, motions, and potentially a trial. Early intervention by a skilled Burglary Charges In NJ Law Firm is critical to challenge the state’s evidence and protect your rights during each stage.
- Secure legal representation immediately after arrest or upon learning of charges.
- Your attorney will review the complaint and evidence at the first appearance to argue for favorable bail terms.
- Your lawyer will file pre-indictment motions to suppress evidence or dismiss charges if procedural errors exist.
- If indicted, your attorney will engage in discovery and pre-trial negotiations to seek a favorable resolution.
- Prepare a strong defense strategy for trial if a plea agreement is not in your best interest.
Penalties for Burglary in New Jersey
In New Jersey, burglary charges carry severe penalties, including lengthy prison terms and substantial fines, with the degree of the crime heavily influencing the potential sentence.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (3rd Degree) | 3rd Degree Crime | 3-5 years | Up to $15,000 | Felony record, loss of professional licenses |
| Burglary of a Dwelling (2nd Degree) | 2nd Degree Crime | 5-10 years | Up to $150,000 | Felony record, No Early Release Act (NERA) may apply |
| Burglary with Weapon/Assault (1st Degree) | 1st Degree Crime | 10-20 years | Up to $200,000 | Felony record, NERA applies (85% must be served) |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Criminal Defense
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of burglary charges in NJ and approach each case with a detailed, strategic defense focused on the specific facts and evidence.
Case Results and Client Advocacy
The Law Offices Of SRIS, P.C. has a documented history of achieving positive results for clients facing serious charges. While every case is unique, our firm-wide dedication to vigorous defense has led to numerous dismissals, charge reductions, and favorable plea agreements. We prepare every case as if it is going to trial to ensure the strongest possible position for our clients.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our New Jersey Location
If you are searching for a “burglary lawyer near me” in New Jersey, our Tinton Falls location is accessible to clients throughout the state. We serve communities across New Jersey and 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
By appointment only.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions About Burglary Charges In NJ
Is burglary a felony in New Jersey?
Yes. New Jersey classifies burglary as an “indictable crime,” which is equivalent to a felony in other states. It is prosecuted in Superior Court and carries state prison time upon conviction.
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 prosecution to prove you entered a structure with the specific intent to commit an offense inside, such as theft or assault. The intent element is what elevates the charge.
Can burglary charges be dropped?
It depends. Charges may be dismissed if the evidence is weak, if your rights were violated during the investigation or arrest, or if a pre-trial motion to suppress evidence is successful. An experienced Burglary Charges In NJ Attorney can identify and pursue these avenues.
What are common defenses to burglary?
Common defenses include lack of intent to commit a crime, mistaken identity, consent to enter the property, and challenging the legality of the police investigation (e.g., unlawful search). The best defense strategy depends entirely on the unique facts of your case.
Should I talk to the police if I’m suspected of burglary?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and request a lawyer immediately. Anything you say can be used against you.