TJT The Tormey Law Firm Criminal Defense Attorneys

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Burglary Charges – N.J.S.A. 2C:18-2

Bergen County NJ Burglary Defense Lawyers

With offices in Hackensack, Morristown, Newark, New Jersey

Burglary is a second degree or third degree indictable criminal offense in New Jersey. A second degree offense has a presumption of incarceration and a state prison range of five (5) to ten (10) years. A third degree offense, on the other hand, has a presumption of non-incarceration (if you have no prior record) and a state prison range of three (3) to five (5) years.

These penalties can be fairly severe, though you can fight them.  To learn a little more about fighting burglary charges, please take a look at our Top 5 Ways To Beat A Criminal Charge.

The key distinction between the second degree and third degree grading is that a third degree burglary becomes a second degree burglary if anyone is injured as a result, or the burglar is armed at the time of the offense.

The criminal defense lawyers at The Tormey Law Firm have extensive experience in handling burglary charges.  We have current New Jersey prosecutors on our staff helping us to assess cases from both sides of the court-room, and we have advanced defensed strategies specifically for burglary cases.  You can read about some of our burglary success stories on this site.

Call The Tormey Law Firm for a free consultation with experienced criminal defense attorneys, and current NJ prosecutors.

Our firm is absolutely dedicated to providing the best criminal defense for your legal issues, and we are available for free consultations regarding your criminal matter. We are happy to tell you the exact strategies that we will use to fight your case. (201) 556-1571

Burglary Charges in NJ: A Second or Third Degree Crime

Burglary in New Jersey is governed by N.J.S. 2C:18-2 which provides in pertinent part:

§ 2C:18-2. Burglary

a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein he:

(1) Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter; or

(2) Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so.

b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:

(1) Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or

(2) Is armed with or displays what appear to be explosives or a deadly weapon.

Otherwise burglary is a crime of the third degree. An act shall be deemed “in the course of committing” an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.

For more information on burglary charges in New Jersey, I recommend doing some research on Wikipedia.  For some more information on other attorneys for burglary charges in NJ, Google is a good place to start your search.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Areas We Serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.


Hackensack Location

254 State Street

Hackensack, NJ 07601

  (201) 556-1570    Directions

Morristown Location

55 Madison Avenue Suite 400

Morristown, NJ 07960

  (908) 336-5008    Directions