TJT The Tormey Law Firm Criminal Defense Attorneys

Client Reviews

Defense for Burglary Charges NJ 2C:18-2

Burglary Charges In NJ – Burglary Penalties NJ – NJ Burglary 2C:18-2 – Burglary Lawyer NJ – Best Defense Burglary

“Burglary is a serious crime in New Jersey, the penalties are severe.  We can help you to fight this case.”

NJ Burlary Lawyer

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.

No one wants to spend time in prison, and you can potentially beat your charges.  Please look through our Top 5 Ways To Beat A Criminal Charge to find the ways that you can fight back.

NOTE: 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 of the burglary or the burglar is armed at the time of the offense.

Please feel free to call us for a free consultation about your case, and read this page for more information about your charge.


§ 2C:18-2. Burglary

a. Burglary defined. A person is guilty of burglary if 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 about burglary charges in New Jersey, Wikipedia is a good source of information.  If you are considering hiring a NJ burglary lawyer, please contact the Tormey Law Firm for a free consultation today.


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