NJ Statute 2C:18-2 Burglary

*This page is intended for reference only for The New Jersey Criminal Codes of Justice. It is intended for educational purposes and the content sites https://law.justia.com for the N.J.S.A Criminal Codes. Do not rely on this page for accuracy as things can change. Not every regulation is listed and this information is not at all the opinion of The Law Office of Edward V. Murachanian. If you want to know more about New Jersey Statutes 2C:18-2, Burglary, contact my firm via email, contact form or phone.

What is Burglary in New Jersey?

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.

*A copy of this statute was copied and provided to you by lis.njleg.state.nj.us for your convenience

Penalties for Burglary

If the defendant is found guilty of burglary in the third degree, they will face jail time. The amount of time in jail can be between 3 to 5 years and a fine of no more than $15,000. If you are found guilty of burglary in the second degree, jail time will result between 5 to 10 years and a fine of no more than $150,000.

There is a separate charge if burglary tools are possessed. When these are found this is considered a fourth degree crime if the defendant was the one to manufacture the tool or published the plans or instructions. The prosecution for this is a jail sentence of up to 18 months and a fine up to $10,000. Otherwise it would only be considered a disorderly persons offense. For this the fine is no more than $1,000 and the maximum jail time is 6 months.

Possible Defenses to a Burglary Charge

NJ 2C:18-3 Trespassing. Criminal Trespass– if the defendant can show that they were entering, without permission, but they did not enter with an intent on committing an offense then in this case the jury could still find the defendant guilty but there is the chance of a lesser offense such as a criminal trespass. A criminal Trespass is when a person is charged with entering or secretly remains on someone else’s property as a result of the defendant’s purposeful or knowing behavior.

Contact A Knowledgeable New Jersey Burglary Criminal Defense Attorney Today

If you or a loved one needs a burglary criminal defense attorney please contact my office via phone or contact form immediately, so we can go over your next steps

Date: November 29, 2018