Burglary

Mercer County NJ Burglary Lawyer

Local Lawyer in Mercer County for Burglary Charge

Burglary is a serious felony offense in New Jersey. If convicted, a Defendant could be facing up to ten years in a State Prison and a fine up to $150,000. Furthermore, pursuant to the new bail guidelines that came into effect in 2017, a Defendant could be held without bail, pending trial, if the circumstances warrant such. Burglary charges in Mercer County have been on the rise ever since the heroin epidemic started sweeping through New Jersey. As you will see below, burglary can be either a second or third degree felony offense in New Jersey. The circumstances surrounding the charges will dictate what degree of burglary a Defendant is charged with. The difference between the two could be the difference between a ten year prison sentence and a probationary period, even possibly a diversionary program.

Need Local Attorney in Trenton for Burglary Charge


If you have been charged with a criminal offense like burglary, robbery, theft by deception, trespassing, heroin possession or unlawful possession of a weapon in Mercer County, the Law Offices of Proetta & Oliver can help. Our office routinely appears in courts throughout Mercer County including the Hamilton Municipal Court, the Princeton Municipal Court, the Lawrence Municipal Court, the Ewing Municipal Court, the East Windsor Municipal Court, the West Windsor Municipal Court and the Mercer County Superior Court. Mr. Oliver hears up the firms Mercer County practice. Throughout his career, Mr. Oliver has represented countless clients who had been charged with burglary in New Jersey.  His entire career, like Mr. Proetta, has been dedicated to defending those accused of crimes in New Jersey. If you would like to come into our office and have a free initial consultation with Mr. Oliver then please contact us directly at (609) 789-0779. We fully understand that being charged with a criminal offense can be very stressful therefore we are available 24/7 to help assist in anyway possible.

Charged with Burglary in New Jersey?

Under the New Jersey Criminal Code, the offense of burglary is governed by N.J.S.A. 2C:18-2. In order to be convicted of this offense, the State must prove beyond a reasonable doubt the following elements:

Burglary in the 3rd Degree:

  • The Defendant entered the “structure” without permission; &
  • That the Defendant entered the “structure” with the purpose to commit an offense once inside.

Burglary in the 2nd Degree:

  • The Defendant entered the “structure” without permission; &
  • That the Defendant entered the “structure” with the purpose to commit an offense once inside; &
    • While doing so, the Defendant purposely, knowingly or recklessly inflicts or threatens to inflict bodily injury to anyone; Or
    • While doing so, the Defendant was armed with or displayed a deadly weapon.

What is a “Structure”?

One of the key phrases mentioned above was “structure”, which has been defined “any building,  room, ship, vessel, car, vehicle, airplane, or any place adapted for overnight accommodation”. As you can see, the legislature have chosen to extremely vaguely define what a structure is.

What is the Sentence for Burglary in NJ?

The offense of burglary is either a second or third degree felony. The difference between the potential sentences is drastic. A second degree felony offense conviction carries with it a presumption of imprisonment. That in essences means that a Defendant will almost certainly go to a New Jersey State Prison if convicted. Conversely, a third degree felony offense carries a presumption of non-imprisonment. With that being said, the presumption can be overcome and it does not cover potential county jail sentences. Here is a breakdown in the difference between a second and third degree burglary conviction.

Penalties for a 2nd Degree Burglary

  • 5 to 10 Years in a New Jersey State Prison;
    • The No Early Release Act applies – Defendant must serve at least 85% of their sentence  before they can become eligible for parole.
  • Up to $150,000 Fine;
  • Felony Criminal Record.

Penalties for  a 3rd Degree Burglary

  • 3 to 5  Years in a New Jersey State Prison;
  • Up to $15,000 Fine;
  • Felony Criminal Record.

Lawrenceville NJ Burglary Charge Lawyer

As you have seen, burglary is a very serious criminal offense and one that needs to be handled by an experienced Mercer County criminal defense attorney. If you have been arrested and charged with theft by deception, shoplifting, theft, burglary, robbery, terroristic threats, possession of a weapon for unlawful purpose or unlawful possession of a weapon, the attorneys at Proetta & Oliver can help. Our office serves all of Mercer County including towns like Hightstown, Trenton, West Windsor, East Windsor, Ewing, Princeton, Hopewell and Lawerenceville. To schedule a free initial consultation today please contact us at (609) 789-0779. We are available around the clock to help assist in any way possible.