Burglary in New Jersey

N.J.S.A. 2C:18-2 · Theft, Burglary & Property Offenses

What the law says

A person commits burglary if, with purpose to commit an offense there or on the property, the person enters or surreptitiously remains in specified property without authorization, or trespasses on certain utility company property. The offense is elevated to a crime of the second degree under the circumstances stated in the statute; otherwise, it is a crime of the third degree.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:18-2, that means:

• The person acts with purpose to commit an offense in or on the property.
• The person enters a research facility, a structure other than a residential dwelling, or a separately secured or occupied portion thereof, unless the structure is open to the public or the person is licensed or privileged to enter.
• The person surreptitiously remains in a research facility, a structure other than a residential dwelling, or a separately secured or occupied portion thereof, knowing that the person is not licensed or privileged to do so.
• The person trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, fencing, or another enclosure manifestly designed to exclude intruders.

How the charge is graded

• Burglary is a crime of the second degree if in the course of committing the offense, the actor purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone.
• Burglary is a crime of the second degree if in the course of committing the offense, the actor is armed with or displays what appear to be explosives or a deadly weapon.
• Otherwise burglary is a crime of the third degree.
• An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• Entry is excluded from the stated form of burglary if the structure was at the time open to the public or the actor is licensed or privileged to enter.
• The surreptitious-remaining form requires that the person know they are not licensed or privileged to do so.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Lack of intent to deprive the owner, or a good-faith claim of right
• Disputing the value used to grade the offense
• Identification problems and gaps in surveillance video
• Restitution and diversion as paths to avoid a conviction

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Burglary charge.

Related charges

• Criminal Trespass →
• Arson →
• Criminal Mischief →
• Theft Grading in New Jersey →
• Theft by Unlawful Taking →
• Receiving Stolen Property →
• Theft of Services →
• Shoplifting →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.