What constitutes breaking and entering in New Jersey?

What Constitutes Breaking and Entering in New Jersey?

Generally speaking, burglary is the unlawful breaking and entering into the structure of another with the intent to commit a felony or larceny while inside. More specifically, under N.J.S.A. 2C:18-2, there are three ways to commit burglary in New Jersey[2]. Let’s break them down:

Entering

To be charged with burglary by entering, a person must[3]:

• Enter a facility, structure, or separately secured or occupied portion of a structure
• At a time not open to the public
• Without license or privilege to enter

This means walking into someone’s home, business, or other building without permission would qualify. It dosen’t matter if anything is broken or force is used. Just the act of going inside somewhere you’re not allowed is enough for an entering charge.

Remaining Unlawfully

A person can also be charged with burglary for “surreptitiously remaining” on a property without permission. This applies when someone[3]:

• Knowingly remains in a structure after their license or privilege to be there has ended
• Tries to conceal themselves or hide the fact that they’re there without permission

For example, hiding in a store after closing until everyone leaves, or refusing to leave someone’s house when asked. Its about staying somewhere you know you shouldn’t be.

Utility Trespass

The third type of burglary under New Jersey law is trespassing on utility company property. This could be walking onto land, into a building, or otherwise entering an area belonging to a utility provider (like power, gas, communications, etc) where there are clear “No Trespassing” signs or fencing to keep people out[4].

Intent to Commit a Crime

For any of these, the prosecution must also prove the person intended to commit an additional crime once inside. This is usually theft, assault, vandalism, domestic violence, or something similar[3]. Without evidence they planned to do something else illegal, the charges may be reduced to just trespassing.

Burglary vs. Breaking and Entering

New Jersey’s burglary law covers most acts other states would call “breaking and entering.” In NJ, any unauthorized entry with intent to commit a crime is burglary. Breaking stuff or forcing entry isn’t required. If there’s no evidence of intent to commit a crime after entering, it becomes criminal trespass instead[2].

Grading & Punishment

Burglary in New Jersey is usually charged as a third-degree crime. This is the same level as a felony. If convicted, a person faces[3]:

• 3-5 years in prison
• Up to a $15,000 fine
• Restitution to the victim

However, burglary becomes more serious – a second-degree offense – if the person[4]:

• Inflicted or threatened bodily injury, or
• Was armed with or claimed to have explosives or a deadly weapon

A second-degree conviction means 5-10 years in prison. There are also enhanced penalties for repeat offenders. But first-time offenders may get probation instead of jail time.

Defenses Against Burglary Charges

There are several legal defenses that can defeat a burglary charge, including:

• No unlawful entry – Evidence the person had permission or authority to enter the property.
• No intent to commit a crime – Proof the person entered for a lawful purpose like retrieving property, not to steal or vandalize.
• Misidentification – Mistaken identity and the person charged was not actually there.
• Intoxication – Too impaired to form the necessary intent.
• Duress – Forced to enter the structure under threat of harm.

An experienced New Jersey criminal defense lawyer can evaluate the evidence and build the strongest defense against a burglary charge.

Related Offenses

Other charges that may apply along with burglary or instead of burglary include:

• Theft – For stealing property from inside the structure.
• Criminal mischief – Damaging the interior of the structure.
• Possession of burglar’s tools – Having tools or devices to break into buildings.
• Criminal trespass – Entering or remaining without meeting the elements of burglary.

If the prosecution cannot prove intent to commit a crime inside, burglary may be downgraded to trespass. Theft, damage, or possessing break-in tools could lead to additional charges.

Conclusion

Burglary is always a felony under New Jersey criminal law. Different scenarios like entering, remaining, or trespassing on utility property can qualify. There must also be evidence of intent to commit another crime once inside. While punishments are strict, especially for repeat or violent offenders, first-time convictions often result in probation. With an experienced criminal defense lawyer, many viable defenses are available for fighting burglary charges.

I hope this breakdown helps explain what constitutes burglary and breaking and entering in NJ. Let me know if you have any other questions!