Reviewed by the Marketing Team, New Jersey Criminal Defense Attorneys PCLast reviewed . Law current as of October 2026.
In New Jersey, burglary means entering or secretly staying in a structure, without permission, with the purpose of committing an offense inside. Under N.J.S.A. 2C:18-2 it is a third-degree crime, or second degree if someone is hurt or threatened or the person is armed. Since P.L.2024, c.83, entering a home is charged separately as residential burglary (second degree) or home invasion burglary (first degree), both generally subject to the No Early Release Act.
What the State must prove
Burglary does not require that anything was taken. The key element is purpose: the person entered, or surreptitiously stayed, intending to commit an offense there. Under 2C:18-2(a), that covers research facilities, structures other than a residential dwelling and separately secured parts of them, unless the place was open to the public or the person had permission. It also covers trespassing on posted or fenced utility company property.
Burglary grades in New Jersey
| Offense | When it applies | Degree |
|---|---|---|
| Burglary, 2C:18-2 | Structure other than a home, research facility, or posted utility property | Third degree |
| Burglary, 2C:18-2(b) | Same, but the person inflicts, attempts or threatens bodily injury, or is armed with or displays what look like explosives or a deadly weapon | Second degree |
| Residential burglary, 2C:18-2.2 | Entering or secretly staying in a home or a separately secured part of it, without permission, to commit an offense | Second degree, subject to NERA unless the defense shows by a preponderance that the person reasonably believed no one else was inside |
| Home invasion burglary, 2C:18-2.1 | Entering or staying in a home without permission and, in the course of the offense, inflicting, attempting or threatening bodily injury, or being armed or displaying a deadly weapon or what look like explosives | First degree, subject to NERA |
Ordinary prison ranges under N.J.S.A. 2C:43-6: first degree 10 to 20 years, second degree 5 to 10 years, third degree 3 to 5 years. Under 2C:43-7.2, a prison term for a first- or second-degree burglary covered by NERA requires serving 85% before parole eligibility, followed by parole supervision (five years for first degree, three for second). For residential burglary, the statute says it is not a defense that the person did not know someone was home.
What happens next
- Arrest and charge on a complaint-summons or complaint-warrant. On a warrant, a release decision must be made within 48 hours of commitment to jail. See detention hearings.
- The case goes to the county prosecutor, who may present it to a grand jury, downgrade it, or offer a plea. See grand jury and indictment.
- Diversion such as PTI may be possible in some third-degree cases, depending on the facts and the prosecutor's consent.
- Motions, plea negotiation or trial in the Superior Court.
Common defense issues
- Whether there is proof of purpose to commit an offense inside, as opposed to trespass alone
- Whether the person had permission or the place was open to the public
- Whether the building counts as a residential dwelling, which changes the charge
- For residential burglary, evidence that the person reasonably believed no one was present
- Identification, video and fingerprint or DNA evidence
Related guides
- Degrees of crimes
New Jersey's first- through fourth-degree crimes compared: prison ranges, maximum fines, presumptions of incarceration and non-incarceration, NERA, and the Graves Act.
- Pretrial Intervention (PTI)
How New Jersey's Pretrial Intervention program works under N.J.S.A. 2C:43-12 and Rule 3:28: who is eligible, the $75 fee, supervision of 6 months to 3 years, plea requirements, and appeals.
- Detention hearings
How New Jersey detention hearings work under Criminal Justice Reform: when they happen, the Public Safety Assessment, the clear and convincing standard, and the 90/180-day deadlines.
- Grand jury and indictment
How New Jersey grand juries work: who presents, what the jurors decide, waiving indictment, and what happens after an indictment is returned.
- Shoplifting (2C:20-11)
What counts as shoplifting under N.J.S.A. 2C:20-11, how value sets the grade, the concealment presumption, store detention, and mandatory community service.
- Unlawful gun possession and the Graves Act
How N.J.S.A. 2C:39-5 grades unlawful possession of handguns, rifles and other weapons, the Graves Act mandatory minimum under 2C:43-6(c), and the 2C:43-6.2 waiver.
- Eluding police (2C:29-2(b))
Eluding under N.J.S.A. 2C:29-2(b): when it is third or second degree, the traffic-violation inference, the 6-month to 2-year license suspension, and resisting arrest.
- Theft of services (2C:20-8)
Theft of services under N.J.S.A. 2C:20-8: dine and dash, unpaid rides and hotels, utility meter tampering, cable and telecom theft, how value sets the grade, and the $500 minimum fine.
- Robbery
What makes a theft a robbery under N.J.S.A. 2C:15-1, when robbery is first instead of second degree, prison ranges, and how the No Early Release Act applies.
Frequently asked questions
Is burglary a felony in New Jersey?
New Jersey uses the term indictable crime instead of felony. Burglary is a crime of the third, second or first degree depending on the facts and the type of building.
Can you be charged with burglary if nothing was stolen?
Yes. The offense is entering or secretly remaining with the purpose of committing an offense inside. Nothing has to be taken.
What is residential burglary in NJ?
A crime created by P.L.2024, c.83 (N.J.S.A. 2C:18-2.2): entering or secretly staying in a home without permission to commit an offense. It is second degree and generally subject to the No Early Release Act.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.
