New Jersey Burglary Lawyer
As a former prosecutor and criminal defense lawyer, Anthony J. Vecchio has handled thousands of criminal cases across New Jersey. We know how the State builds burglary prosecutions — and we know how to fight back.
Being accused of burglary in New Jersey is extremely serious. Unlike a simple theft or trespass, burglary is a felony-level crime (indictable offense) that can send you to state prison, damage your reputation, and follow you for life. Prosecutors aggressively pursue burglary cases, especially when homes or businesses are involved.
If you or a loved one has been charged, the time to act is now. The sooner you have an experienced NJ burglary charge lawyer on your side, the stronger your defense will be.
What Is Burglary Under New Jersey Law?
Burglary in NJ is defined under N.J.S.A. 2C:18-2.
Definition:
A person is guilty of burglary if they:
- Enter a structure, or remain in a structure, without permission or license,
- With the purpose to commit an offense inside (theft, assault, criminal mischief, etc.).
Burglary is more than just “breaking and entering.” Even entering through an unlocked door can qualify if there is intent to commit a crime inside.
Types of Burglary in New Jersey
1. Standard Burglary – Third Degree
- Entering or remaining unlawfully in a building with intent to commit a crime.
- Penalty: 3–5 years in prison, fines up to $15,000.
2. Burglary with Threat or Weapon – Second Degree
Burglary is elevated if, during the offense, the defendant:
- Purposely, knowingly, or recklessly inflicts or attempts to inflict bodily injury on another person, or
- Is armed with or displays a deadly weapon.
- Penalty: 5–10 years in state prison, fines up to $150,000.
- Subject to the No Early Release Act (NERA) — must serve 85% of sentence before parole.
3. Burglary in Homes or Dwellings
- Residential burglaries are treated more harshly than entering vacant or commercial property.
- Courts view burglary of homes as more dangerous, especially when people are inside.
Related Charges Often Filed with Burglary
Burglary charges often appear alongside other criminal allegations, such as:
- Theft (N.J.S.A. 2C:20-3)
- Robbery (N.J.S.A. 2C:15-1) – when force or threat is used.
- Criminal Mischief (N.J.S.A. 2C:17-3) – for property damage.
- Trespassing (N.J.S.A. 2C:18-3) – when there is no intent to commit another crime.
A skilled NJ burglary charge lawyer will look at whether the prosecutor has overcharged you — or if the case can be reduced to a lesser offense.
Penalties for Burglary in New Jersey
| Charge | Degree | Prison Sentence | Fine |
|---|---|---|---|
| Standard Burglary | 3rd Degree | 3–5 years | Up to $15,000 |
| Burglary with Threat/Weapon | 2nd Degree | 5–10 years (NERA applies) | Up to $150,000 |
Additional Consequences:
- Permanent criminal record (felony).
- Loss of employment opportunities.
- Barriers to professional licensing.
- Immigration consequences for non-citizens.
- Potential restitution to victims.
Defenses to Burglary Charges in NJ
Being charged does not mean you will be convicted. As your NJ burglary charge lawyer, we build defenses such as:
- Lack of Intent – The State must prove you intended to commit another crime inside. Simply being in a building without permission is trespassing, not burglary.
- Permission / License – If you had authority to be in the property, burglary cannot be sustained.
- Mistaken Identity – Challenging eyewitness testimony, surveillance, or police identification.
- Illegal Search and Seizure – If evidence was seized without a warrant or probable cause, it may be suppressed.
- No Crime Committed – If no theft or other crime was attempted inside, the prosecutor may have a weak case.
Key New Jersey Case Law on Burglary
- State v. Brown, 227 N.J. 134 (2016) – clarified that burglary requires intent to commit a separate offense inside the structure.
- State v. Robinson, 289 N.J. Super. 447 (App. Div. 1996) – addressed unlawful entry and remaining without license.
- State v. Battle, 256 N.J. Super. 268 (App. Div. 1992) – distinguished burglary from criminal trespass.
- State v. Brown, 394 N.J. Super. 492 (App. Div. 2007) – explained burglary upgrades when force or threats are involved.
Collateral Consequences of a Burglary Conviction
- Employment – Many employers won’t hire with a burglary conviction.
- Housing – Landlords can deny applications.
- Firearms Rights – Convicted felons lose the right to possess firearms.
- Immigration – Burglary may be considered a crime of moral turpitude.
- Reputation – Permanent damage to personal and professional relationships.
Alternatives to Prison – Diversion Programs
Depending on circumstances, an experienced NJ burglary charge lawyer may seek alternatives such as:
- Pretrial Intervention (PTI) – For first-time offenders, successful completion can result in dismissal.
- Probation – Instead of prison, court-supervised release.
- Plea Bargains – Downgrading burglary to trespassing or theft with lesser penalties.
Why Hire Anthony J. Vecchio, LLC as Your NJ Burglary Charge Lawyer?
- Former Prosecutor – Insider knowledge of how burglary cases are charged and prosecuted.
- Trial-Tested – Hundreds of criminal cases successfully defended in Superior Courts across NJ.
- Local Experience – Regularly handle cases in Essex, Hudson, Union, Middlesex, Monmouth, and beyond.
- Personal Attention – Direct communication and aggressive defense strategy tailored to your case.
Frequently Asked Questions
Is burglary always a felony in NJ?
Yes. Burglary is an indictable crime, either second or third degree.
What’s the difference between burglary and robbery?
Burglary involves unlawful entry with intent to commit a crime. Robbery involves theft plus force or threat.
Can burglary charges be expunged in NJ?
Yes, depending on degree and circumstances, after the statutory waiting period.
What if I never stole anything?
The State only needs to prove intent to commit a crime inside, not that theft occurred.
What happens if the property was abandoned?
If the structure was truly abandoned, the prosecution may not sustain a burglary charge.
Contact an NJ Burglary Charge Lawyer Today
If you’re facing burglary charges in New Jersey, you need immediate legal help. Do not speak to police without counsel. The stakes are too high to go it alone.
Call Anthony J. Vecchio, Esq. today for a free consultation. We will evaluate your case, explain your rights, and build a strong defense to protect your future.
Anthony J. Vecchio, Esq.
New Jersey DUI & Criminal Defense Attorney
Former Municipal Prosecutor
Law Office of Anthony J. Vecchio, LLC
Last updated: February 5, 2026
