In New Jersey, burglary is an indictable offense.  An indictable offense is similar to a felony.  A conviction for burglary will result in a criminal record which can, among other things, affect one’s career prospects down the line.  Those convicted of burglary will also be subject to heavy fines, community service and prison.  Therefore, it is important for any charged with burglary in New Jersey to obtain a consultation with a New Jersey Criminal Defense Attorney. The Sloan Law Firm handles burglary charges and offers free initial consultations to anyone charged with a criminal offense in New Jersey.


N.J.S.A. 2C:18-2 defines burglary as:

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

  • 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;
  • 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; or
  • Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.

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

  • Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or
  • 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.


Burglary is a third degree felony and, under certain circumstances a second degree offense in New Jersey.   Third degree felonies persons offenses are punishable by up to 5 years in prison while second degree felonies are punishable up to 10 years in prison.  In addition, the court may impose other penalties such as hefty fines, restitution and community service.

Free Consultations Available – (908) 358-2938

The Sloan Law Firm provides aggressive and experienced legal defense to anyone charged with burglary charges in New Jersey.  If you or a loved one have been charged with burglary and would like to discuss the charge with a New Jersey Criminal Defense Attorney, please do not hesitate to contact the Sloan Law Firm at: (908) 358-2938.  The initial consultation is always free.

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