Burglary Offenses in New Jersey

Like much of the country, New Jersey has relatively fewer burglaries now than in the past. As recently as 2014, there were over 31,000 reports of burglaries within the state. Within a decade, that number reduced over fifty percent. However, following this decline, recent New Jersey data indicates a reversal—a twenty percent increase from recent lows.

This resurgence is not isolated to specific areas, as residential neighborhoods and college campuses have reported rising property-related incidents. In response to this uptick, New Jersey lawmakers changed the state's burglary laws, introducing new first-degree and second-degree charges addressing home burglaries. The previous New Jersey law made far fewer distinctions between residences and other buildings like businesses.

If you are accused of burglary in New Jersey, your alleged intent and location play a massive role in what charges you face. However, the fact remains that burglary charges of all kinds can negatively impact your life for years to come. The Lento Law Firm has experience in New Jersey criminal courts and remains well-informed about New Jersey burglary trends, the new laws, and what they mean for those facing accusations. Our Criminal Defense Team also fully understands the unique challenges of college student defense regarding burglaries at campus facilities or school housing.

Don't wait if burglary charges are threatening your future. Creating a robust defense to burglary accusations requires time; the earlier you contact the Lento Law Firm, the stronger your defense will be. Call our Criminal Defense Team today at 888-535-3686 or contact us through our website to learn more about your burglary defense options in New Jersey.

Burglary and Related Offenses in New Jersey

When people hear the term "burglary," they might imagine dramatic home invasions or break-ins often seen in movies. However, New Jersey law defines burglary much more broadly. At its core, burglary involves unlawfully entering or remaining in a structure with the intent to commit a criminal offense. While this definition could include things like sneaking through a window, it could also include situations where someone ignores instructions or warnings that prohibit them from entering a structure. The intent of burglars is often to steal, which satisfies the criminal requirements, but it is not a necessary part of the crime.

New Jersey's definition of burglary means that criminal accusations can arise in situations people might not expect. Anyone who gains access to a college dorm or apartment due to a propped-open door might face burglary charges if they intended to commit a crime, even though they didn't pry open a door or pick a lock. Plus, a student might face burglary charges after entering a campus building after hours to graffiti or vandalize the area without intending to steal any items. If you illegally gain access to a space with the intent to commit a crime, it might be burglary—plain and simple.

Burglary under this New Jersey statute is a crime of the third degree, which can lead to incarceration between three and five years, along with a fine of up to $15,000. However, if the burglary involves weapons or harm to another person, it becomes a second-degree crime. Incarceration periods for these second-degree crimes range from five to ten years and include even higher monetary penalties.

Home Invasion and Residential Burglary

New Jersey's updates to its burglary laws focused on residential homes and added two new offenses: home invasion burglary and residential burglary. New Jersey lawmakers viewed entering someone's home as a particularly severe violation because it directly threatens the safety of private life compared to burglary of empty or abandoned buildings.

The home invasion statute applies when someone unlawfully enters or remains in a residential dwelling or home intending to commit a criminal offense with one of these aggravating factors present:

  1. The individual purposely or recklessly injures another person, threatens to injure them, or attempts to injure them.
  2. The individual is armed with a deadly weapon or brandishes it during the burglary.

Due to the presence of injuries or weapons at a private residence, home invasion burglary is a first-degree crime in New Jersey. First-degree crimes have potential punishments ranging from ten to twenty years in prison and substantial fines. Plus, this form of burglary is subject to a separate New Jersey law requiring guilty individuals to serve the vast majority of their sentence before becoming eligible for parole.

Residential burglary differs from home invasion burglary because this charge does not require violence or weapons. However, it remains a serious second-degree offense because entering a residence—even without confrontation—violates the occupants' personal and private space. As long as someone enters a private residence with the intent to commit a crime, this statute is in play.

Whether or not the alleged burglar was aware of others in the residence does not affect the crime classification itself. Instead, proving that they reasonably believed the residence was empty removes early parole restrictions.

Anyone who enters another's "residential dwelling or accommodation" with the intent to commit a crime is at risk of facing these heightened burglary charges. The statute is broad enough to include thieves sneaking into a single-family home, as well as college students sneaking into a dorm room to commit a prank or vandalize an area. The Lento Law Firm is aware of the new criminal risks due to these laws and is ready to help if home invasion or residential burglary charges threaten your future. Call our Criminal Defense Team today at 888-535-3686 to get started on your defense.

Unlicensed Entry of Structures

New Jersey law also describes offenses similar to burglary that do not involve further criminal intent. You might face unlicensed entry charges if you enter a structure or area without permission or remain in a public structure after it closes. The location of unlicensed entry impacts the criminal charges and potential punishment:

  • Fourth-Degree Crimes: Unlicensed entry is charged as a fourth-degree crime if the location is a sensitive area like a home, school, or airport.
  • Disorderly Persons Offense: Applies to unauthorized entry into less critical areas not specified under fourth-degree crimes.

Fourth-degree crimes have a maximum incarceration period of 18 months, while disorderly persons offenses max out at 6 months. And remember, prosecutors might charge you with burglary if they suspect further criminal intent. Working with the Lento Law Firm, you can fight back and prevent simple unlicensed entry accusations from ballooning into a much worse situation.

Defiant Trespassing

Defiant trespassing occurs when an individual knowingly enters or remains in a location that contains or provides clear notice against trespassing. This notice can include verbal communication, posted signage, or physical barriers like fencing that indicate restrictions on entry. Again, this offense is not burglary, but those accused of defiant trespassing might end up with harsher charges if prosecutors allege criminal intent. Typical defiant trespassing is a petty disorderly persons offense with the potential for 30 days in jail and fines up to $500.

Peering Into Dwellings

Peering into a dwelling or overnight accommodation is another similar crime of the fourth degree when done without authorization. This offense specifically targets invasions of privacy, such as looking into windows with the intent to observe occupants under circumstances where they reasonably expect privacy.

Who Is at Risk of Burglary Charges in New Jersey?

Burglary is not always a clear-cut case of thieves unlawfully entering a home or business. Simple mistakes or misunderstandings can cause a normal person to end up somewhere they shouldn't be. Often, it's hard for individuals caught in an unfamiliar, private location to explain their actions to police, even if they don't involve criminal behavior. Some of the groups most at risk of burglary-related charges include:

  • College Students: College campuses are frequent sites for trespassing and unlicensed entry. Many students have access to restricted areas, such as labs, during parts of the day. Entering those areas outside of allowed times, for whatever reason, can easily lead to allegations if police and prosecutors believe you intended to steal from the campus. In addition, colleges contain many student residences that often play fast and loose with the rules. Students looking to prank a friend might suddenly face serious criminal charges if they enter the wrong room or frighten the wrong person.
  • Workers and Contractors: Workers who frequently access multiple properties, such as contractors or delivery workers, could face burglary charges if they inadvertently enter an unauthorized area and can't explain their behavior. This problem is even worse for gig workers who might not have the backing of a local company and a clear explanation for why they are where they are.
  • Visitors and Tenants: Visitors or tenants may face burglary or unlicensed entry charges if they enter areas the property owner prohibits access to. Since they are unfamiliar with the property, tenants or visitors might not understand which areas are off-limits until it's too late.

The Lento Law Firm is very familiar with New Jersey's burglary risks and can help anyone avoid criminal punishment arising from a mistake or misunderstanding. Our Student Defense Team also has direct experience assisting college students with their criminal concerns and pushback from school officials due to an arrest or conviction. Even if offenses occur off-campus, students remain at risk. Call today at 888-535-3686 to speak to our attorneys and learn about your options for college student defense.

Defending Against Burglary Charges in New Jersey with the Lento Law Firm

The Lento Law Firm understands the importance of a solid defense when disproving criminal accusations of burglary. Since burglary requires criminal intent after entry, showing evidence of a lack of criminal intent is the simplest and most effective way to protect your name. Plus, affirmative defenses exist for low-level offenses if you reasonably believe the location was open to the public or abandoned.

Our Criminal Defense Team can craft the best defense for your situation after learning more about your case. Call the Lento Law Firm today at 888-535-3686 or contact us online to get started.

​​​Contact The Lento Law Firm Today

When it comes to criminal defense cases, you need the right person in your corner. To learn more about how Mr. Lento can help you, call the Lento Law Firm today at 888-535-3686. or contact him online.

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