Understanding the Penalties for Burglary in New Jersey

Understanding the Penalties for Burglary in New Jersey

So you or someone you know got charged with burglary in New Jersey? That can be scary. This article will walk you through what burglary charges mean, potential penalties, and defenses that could help.

Let’s start with the basics. Burglary in New Jersey means illegally entering a structure like a home, business, or even a car, boat, or airplane with the purpose to commit an offense inside. If you entered to steal something, hurt someone, or vandalize – that’s burglary.

You don’t need to actually commit the planned offense. Just proving you entered illegally with bad intent is enough for a burglary charge. The structure doesn’t need to be occupied either. So breaking into an empty home you think has valuables inside could still count.

Penalties Depend on Type and Circumstances

Burglary charges in NJ range from 3rd to 1st degree. The higher the degree, the more serious the penalties. Factors like:

• If the structure was a home vs business
• If someone was inside during the burglary
• If you had/used a weapon
• Your criminal history

All come into play. Let’s break down how it works.

3rd Degree Burglary

This is the lowest level burglary charge in New Jersey. It means illegally entering a structure other than a home like a business, shed, or unoccupied car. 3rd degree comes with up to 5 years in prison and fines up to $15,000.

2nd Degree Burglary

You could face this charge if you broke into a home. Even if nobody was home.

2nd degree burglary carries 5-10 years in prison and the same $15,000 fine.

1st Degree Burglary

This is the most serious burglary offense. It happens if you enter a home, and someone else is inside at the time. Or if you enter any structure illegally while armed with explosives or a deadly weapon.

1st degree means 10-20 years behind bars. Fines go up to $200,000 too.

What About Juveniles?

If the accused burglar is under 18 in New Jersey, they’d enter the juvenile justice system instead of regular criminal court. But penalties can still be harsh.

Juveniles face detention centers or state juvenile facilities until age 21 instead of jail. Fines turn into restitution payments. And records can follow them for life if not properly expunged.

Defenses That Could Help

Facing any burglary charge is scary. But hope isn’t lost. Several defenses could get the charges lowered or even dismissed. Common options include:

You Had Permission

Did the owner give you permission to enter the property? Even verbal consent to grab something from inside could weaken the illegal entry argument.

You Didn’t Intend Harm

If you went inside thinking you had consent, then realized your mistake, you may not have intended to commit an offense inside. This could downgrade charges significantly.

Misidentification

Mistaken identity happens more than you’d think. If the witnesses who placed you at the scene were incorrect or gave contradicting statements, reasonable doubt exists.

Intoxication

Being extremely impaired from drugs or alcohol can make it impossible to form logical intent. It likely won’t get charges dropped fully, but may reduce penalties.

Get a NJ Burglary Lawyer ASAP

Don’t wait to consult an experienced New Jersey burglary defense attorney. They know the prosecutors, judges, and complex local laws inside out. This gives them the best chance to build a strong defense or negotiate reduced charges/penalties.

Most offer free case reviews too. So you have nothing to lose and potentially years of freedom to gain.

No one wants to be facing burglary charges. But there are options, defenses, and hope. Knowledge is power, so arm yourself. Then get to work with someone in your corner who knows NJ criminal law. The outcome could surprise you.