Burglary New Jersey

Under N.J.S.A. 2C:18-2, burglary occurs when someone enters or remains in a structure without permission with the intent to commit a crime inside. Unlike robbery, burglary doesn't require violence or that a theft actually occur. Simply entering unlawfully with criminal intent is enough.

At the Law Offices of Matthew Cohan, we have successfully defended clients throughout New Jersey facing burglary and related charges, including securing dismissals, reductions, and entry into diversionary programs like Pretrial Intervention (PTI).

Key Elements of Burglary

To convict someone of burglary, prosecutors must prove:

1. The defendant entered or remained in a structure, research facility, or separately secured portion
2. The entry was without permission or license from the owner
3. The defendant intended to commit a crime inside (theft, assault, vandalism, or any offense)

Notably, staying in a store or building after closing hours with intent to commit a crime qualifies as burglary, even without a "break-in."

Degrees of Burglary and Penalties

Third-Degree Burglary

This applies when there's no weapon or injury involved.

Penalties: 3 to 5 years in state prison and fines up to $15,000

Third-degree burglary carries a presumption of non-incarceration for first-time offenders with no prior criminal record.

Second-Degree Burglary (Aggravated)

The charge is elevated to second-degree if the defendant, in the course of committing the burglary:

• Purposely, knowingly, or recklessly inflicts, attempts to inflict, or threatens to inflict bodily injury on anyone, OR
• Is armed with or displays what appears to be a deadly weapon or explosive

Penalties: 5 to 10 years in state prison and fines up to $150,000

Second-degree burglary is subject to the No Early Release Act (NERA), requiring offenders to serve at least 85% of their sentence before parole eligibility. This charge carries a presumption of incarceration.

To be considered "armed," the weapon must be easily accessible and readily available during the burglary.

Burglary vs. Criminal Trespass

Many people confuse these offenses. The critical difference is intent:

• Trespass: Entering property without permission
• Burglary: Entering with intent to commit a crime inside

If prosecutors cannot prove criminal intent at the time of entry, charges may be reduced from burglary to trespassing, which carries lesser penalties.

Common Examples

• Breaking into a house, apartment, or garage to steal
• Sneaking into a store after hours
• Entering a car, office, or warehouse to commit theft or vandalism
• Remaining inside a business after closing with criminal intent

Defenses to Burglary Charges

A strong defense attorney will examine your case for weaknesses:

Lack of Criminal Intent: If you entered accidentally or without intent to commit a crime, burglary does not apply.

Permission to Enter: If you had consent or a right to be there, the entry is not unlawful.

Mistaken Identity: The prosecution may have accused the wrong person.

Insufficient Evidence: The state cannot prove all required elements beyond a reasonable doubt.

Illegal Search and Seizure: Evidence obtained through unconstitutional police conduct can be suppressed.

With skilled representation, it's often possible to get charges reduced or dismissed, or negotiate entry into PTI for first-time offenders, which can result in no criminal record.

Why You Need an Experienced Defense Attorney

A burglary conviction in New Jersey carries serious, long-term consequences including state prison, a permanent criminal record, and loss of employment opportunities.

At the Law Offices of Matthew Cohan, we have extensive experience defending clients across Newark, Jersey City, Camden, Trenton, New Brunswick, Atlantic City, and throughout New Jersey. We know how prosecutors build these cases and how to fight back.

Contact Us Today

If you've been arrested or charged with burglary in New Jersey, call the Law Offices of Matthew Cohan at (516) 375-1107 for a free, confidential consultation. We'll review your case, explain your options, and build a strong defense on your behalf.