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Burglary – N.J.S.A. 2C:18-2

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Lodi NJ Burglary Defense Attorneys 

Criminal Defense Lawyers with Offices in Hackensack, New Jersey

Burglary is a serious felony charge in New Jersey that will be prosecuted by the County Prosecutor’s office in the county in which you have been charged. Burglary typically involves homes or businesses but it can also involve entering a motor vehicle with the intent to commit a crime therein.

At the Tormey Law Firm, our seasoned defense attorneys have been handling cases involving shoplifting, theft by deception, and robbery throughout New Jersey for years, including in Montvale, Bergenfield, and Ridgefield Park. In fact, Mr. Tormey was featured in the Daily Record in Morris County regarding shoplifting charges, the immigration consequences, and other potential penalties for those convicted. In addition, some of our lawyers have prosecuted these charges on behalf of the State and now use their training and expertise to defend our clients in court. Call us today at (201)-330-4979 for a free consultation about your case, and please continue reading this page for more information about burglary charges in New Jersey.

Burglary Charges in New Jersey: N.J.S.A. 2C:18-2

Burglary in New Jersey is governed by N.J.S.A. 2C:18-2, which provides, in pertinent part:

§ 2C:18-2. Burglary
a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein he:

(1) Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter; or

(2) Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so.

b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:

(1) Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or

(2) 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.

Burglary Penalties in New Jersey

Burglary is a second degree or third degree indictable criminal offense in New Jersey. Both of these crimes must be handled at the Superior Court in the county in which the alleged offense occurred. The key distinction between the second degree and third degree grading is that a third degree burglary becomes a second degree burglary if anyone is injured as a result of the burglary or the burglar is armed at the time of the offense. A second degree offense has a presumption of incarceration and a state prison range of five to 10 years. By contrast, a third degree offense has a presumption of non-incarceration if you have no prior record. It also has a state prison range of three to five years.

Speak with a Mahwah NJ Criminal Defense Lawyer about Your Burglary Charges

For immediate assistance with your burglary or theft charges in New Jersey, contact the offices of The Tormey Law Firm anytime at (201)-330-4979. You can also email us to schedule a free consultation about your case.

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