Burglary is a criminal offense in New Jersey that has serious consequences for a conviction. Most people think that burglary occurs when someone robs a home. However, burglary can occur in many other circumstances. Specifically, burglary is defined as the unlawful entry into a structure with the intention of committing a criminal offense inside. The criminal offense does not have to be theft and it also does not need to be carried out–simply intending to commit a crime can be enough to result in a burglary conviction.

Like many crimes, burglary can be charged in more than one way in New Jersey–specifically, burglary can be charged as an indictable crime in either the third degree or second degree. The following is some information regarding the differences between the two types of burglary charges.

3rd Degree Burglary

Many burglary charges are in the third degree. This type of charge arises if a person enters any of the following without permission and intends to commit a crime:

• Home
• Cars
• Boats
• Hotels
• Schools
• Churches
• Research facilities
• Another type of dwelling or structure

The prosecutor must also prove that the person entered the structure with the purpose of committing any unlawful act inside. A conviction for third degree burglary can result in three to five years in prison plus fines.

2nd Degree Burglary

Second degree burglary involves the same elements as third degree burglary, though there are additional circumstances that make the situation more serious. Such circumstances may include:

• A person is armed with an explosive or deadly weapon during the burglary;
• A person displays something that appears to be a deadly weapon during the burglary;
• A person threatens bodily harm to another person during the burglary;
• A person attempts to cause or actually causes bodily harm during the burglary.

In short, if a weapon or violence are involved, the offense will be charged as aggravated burglary and will be a second degree indictable crime. A conviction for second degree burglary can mean five to ten years in prison and fines up to $200,000.

Fortunately, there are many ways that an experienced burglary defense lawyer can defend against your charges. For example, they can present evidence that you had permission to be present in the building or that you did not have the intent to commit any type of crime while in the building.

Contact an Experienced NJ Burglary Defense Attorney for Help

Because of the severe consequences of both second and third degree burglary convictions, your first call should be to a criminal defense attorney at David W. Polsky Law. We can help you through every stage of your case, so call today at 973-686-9787 for help.