Facing charges of robbery or burglary in Bergen County, or anywhere in New Jersey for that matter, is a serious offense. However, it’s important to understand that, despite the fact that they are commonly used interchangeably, burglary and robbery are two distinct offenses with different definitions and penalties. Robbery generally involves threat through force, while burglary entails unauthorized entry. As such, understanding the differences between these criminal offenses and the subsequent penalties you can face if charged is critical. The following blog explores what you should know about these matters, including the importance of working with a Bergen County criminal defense attorney to represent you during these difficult times. Robbery and burglary are both serious crimes, but they have a number of differences that can significantly impact sentencing, prison time, and the long-term consequences someone convicted of this offense can face. Read on to learn more about the difference
Key Differences Between Robbery and Burglary in New Jersey
Under New Jersey criminal law, robbery is considered a violent theft offense that involves the use of or threat of force against another person or considerable bodily harm to another person, while burglary is the unlawful entry into a structure with the intent to commit a criminal offense, regardless of whether or not anyone is present.
What Is Robbery Under New Jersey Law?
In New Jersey, robbery is defined under N.J.S.A 2C:15-1A as a theft that involves violence, force, or threat of force. Most robbery offenses are considered second-degree offenses. However, charges can be upgraded to the first degree if the offender attempts to kill another person, inflicts bodily injury, commits or threatens to commit a crime, or is armed with, uses, or threatens the use of a weapon.
Degrees of Robbery and Penalties
- Robbery in the Second Degree
- 5 to 10 years in prison
- $150,000 fine
- Robbery in the First Degree
- 10 to 20 years in prison
- Applies when the defendant:
- Has attempted to kill someone
- Causes serious bodily harm
- Is armed with or threatens the use of a deadly weapon
- Threatens to commit a first- or second-degree offense
- Subject to the No Early Release Act (NERA)
- Requires 85% of the sentence to be served before the defendant is eligible for parole
What Is Burglary Under New Jersey Law?
Under N.J.S.A. 2C:18-2, a person commits the act of burglary when they unlawfully enter or remain in a structure with the intent to commit a criminal offense while inside. Unlike robbery, burglary does not require the use or threat of violence or force. Additionally, unlike robbery, burglary does not require a victim to be present during the commission of the crime.
What Counts as a Structure
The term “structure” can refer to:
- Rooms
- Buildings
- Ships
- Tents
- Airplanes
- Warehouses
- Research facilities
- Vehicles
- Any other place adapted for sleeping or business.
Burglar Penalties in New Jersey
- Third-Degree Burglary
- Three to five years in prison
- Up to $15,000 in fines
- Second-Degree Aggravated Burglary
- 5 to 10 years in prison
- Up to $150,000 in fines
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. You may also be charged with aggravated burglary if you are either armed with or appear to be armed with an explosive device or deadly weapon.
Robbery vs. Burglary: Why the Distinction Matters
Understanding the differences between a robbery and burglary offense in New Jersey is critical, as the classification of the charge against you can significantly impact sentencing and post-release impacts. In Bergen County, burglary and robbery charges are generally prosecuted in the Superior Court of New Jersey, and early local legal intervention can influence charging decisions and plea negotiations.
Sentencing Exposure
- Robbery typically carries a higher sentencing range
- Robbery typically results in mandatory minimums under NERA
- Burglary can generally avoid mandatory parole ineligibility unless the offense is aggravated
Criminal Record Consequences
- Both offenses will result in a felony conviction on your permanent criminal record
- A violent offense, like robbery, can impact many areas, including
- Employment
- Immigration, for non-citizens and visa holders
- Ability to own firearms
- Professional licensing
- Child custody
Contact Our Criminal Defense Firm Today
When you are charged with a criminal offense in Glen Rock, Hackensack, Paramus, or anywhere in Bergen County, the Law Office of Carl Spector is ready to represent you. Whether you are facing a burglary or robbery offense, we can examine your unique circumstances to help you fight for the best possible outcome for your situation. Contact us today to learn how we can represent you.