What Are the Consequences of Burglary in New Jersey?

Reviewed by Carl Spector, Esq.

Burglary offenses are serious in New Jersey. If you were charged, no matter what degree, you will need to reach out to our firm as soon as possible. With the help of one of our Bergen County criminal defense attorneys, you can feel more confident knowing that you and your future are a priority.

How does New Jersey define burglary?

Burglary is defined as unlawful breaking and entering into a structure owned by another with the intent to commit a felony or larceny while in the structure. In order to be convicted of this crime, you must be guilty of trespassing. In New Jersey, trespassing is defined as entering a structure or research facility without permission–while either committing or having the intent to commit a crime within that building. In many cases, the term “structure” can refer to rooms, buildings, ships, tents, airplanes, vehicles, warehouses, or any other place adapted for sleeping or business.

Additionally, in New Jersey, courts will upgrade your burglary charge to aggravated burglary if you are found guilty of either inflicting or threatening to inflict bodily injury on another person while in the act of committing a burglary. Furthermore, you can be charged with aggravated burglary if you are either armed with or appear to be armed with an explosive device or deadly weapon.

What are the penalties for burglary in New Jersey?

Burglary is considered a felony offense in many states. New Jersey considers this an indictable crime. There are four levels of indictable crimes that New Jersey recognizes, ranging from fourth-degree crimes to first-degree crimes. First-degree crimes are considered the harshest crimes. New Jersey penalties for burglary are usually treated as second-degree crimes or third-degree crimes even if they are considered first offenses.

If you are convicted of burglary, you may face the following:

• Third-Degree Burglary: Three to five years in prison and up to a $15,000 fine.
• Second-Degree Aggravated Burglary: You may face 5 to 10 years in prison and up to $150,000 in fines.

Robbery vs. Burglary: Understanding the Vital Differences

First and foremost, it’s imperative to understand that robbery and burglary are often used interchangeably, though this is incorrect. In reality, these are two distinct crimes with different definitions, underlying intentions, and statutory sentencing guidelines.

What Constitutes Robbery Under New Jersey Law?

In accordance with N.J.S.A 2C:15-1a, robbery is considered a violent theft offense. As such, in order to be charged as robbery, a theft must occur in conjunction with the use of force, threat of force, or infliction of bodily harm against the individual. Most standard robbery charges are considered second-degree offenses, carrying between five and ten years in state prison, and up to $150,000 in fines.

However, robbery is upgraded to a first-degree crime in the event the alleged offender attempts murder, inflicts serious bodily injury, or uses or threatens someone with a deadly weapon. If charged as a first-degree offense, the defendant can face increased penalties if convicted, including ten to twenty years in state prison.

It’s important to understand that robbery charges are subject to the No Early Release Act (NERA). Essentially, this means that someone convicted of this offense must serve at least 85% of their judge-imposed sentence before they are eligible for parole.

Key Distinctions Impacting Your Case

The primary differences between these two separate indictable offenses include:

• Presence of Violence: Robbery always mandates the deployment or threat of physical force against a person. Conversely, burglary centers entirely on the unlawful entry into a structure with intent to commit any crime inside, regardless of whether any violence takes place or if a victim is even present.
• Sentencing Penalties: Generally, robbery will result in a higher baseline sentencing range and ultimately falls under NERA requirements for parole eligibility. On the other hand, burglary typically avoids NERA requirements, unless the crime is charged as second-degree aggravated burglary.
• Collateral Consequences: While both result in a permanent felony-level conviction on your record, a violent offense like robbery creates far steeper long-term hurdles regarding employment, housing applications, professional licensing boards, firearm ownership rights, child custody arrangements, and immigration status for non-citizens or visa holders.

Do not wait to reach out to a skilled Bergen County criminal defense attorney if you have been charged with burglary or robbery in Hackensack, Paramus, Glen Rock, or anywhere in the surrounding communities. No matter what, our firm is on your side. Just give us a call today.

Contact our Firm

If you or a loved one is facing criminal charges in New Jersey, it is in your best interest to connect with the experienced team at the Law Office of Carl Spector. Our firm has combined experience on both the prosecutorial side and criminal defense side, meaning we can offer a unique perspective to help you fight for the best possible outcome if you are facing criminal charges in Bergen County or the surrounding North Jersey communities. As such, if you need assistance, our firm is here. Contact us today to learn more.