New Jersey criminal charge
Burglary in New Jersey
Burglary is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:18-2. Its classification is not fixed: New Jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:18-2.
What is the penalty for burglary in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Burglary with bodily injury or armed with weapon/explosives — Applies when, in the course of committing burglary, the actor inflicts, attempts to inflict, or threatens bodily injury, or is armed with or displays what appear to be explosives or a deadly weapon.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Burglary with bodily injury or armed with weapon/explosives — Applies when, in the course of committing burglary, the actor inflicts, attempts to inflict, or threatens bodily injury, or is armed with or displays what appear to be explosives or a deadly weapon.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Burglary — otherwise — Applies to all burglaries that do not involve bodily injury infliction/threat or being armed with/displaying explosives or a deadly weapon.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Burglary — otherwise — Applies to all burglaries that do not involve bodily injury infliction/threat or being armed with/displaying explosives or a deadly weapon.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is burglary classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Burglary with bodily injury or armed with weapon/explosives | Crime of the Second Degree | Applies when, in the course of committing burglary, the actor inflicts, attempts to inflict, or threatens bodily injury, or is armed with or displays what appear to be explosives or a deadly weapon. | N.J.S.A. 2C:18-2undefined |
| Burglary — otherwise | Crime of the Third Degree | Applies to all burglaries that do not involve bodily injury infliction/threat or being armed with/displaying explosives or a deadly weapon. | N.J.S.A. 2C:18-2undefined |
Common questions about burglary in New Jersey
What degree of offense is burglary in New Jersey?
It depends on the circumstances: burglary ranges from a Crime of the Third Degree to a Crime of the Second Degree in New Jersey under N.J.S.A. 2C:18-2.
Burglary with bodily injury or armed with weapon/explosives: Crime of the Second Degree (N.J.S.A. 2C:18-2) · Burglary — otherwise: Crime of the Third Degree (N.J.S.A. 2C:18-2)
What are the penalties for burglary in New Jersey?
Penalties for burglary in New Jersey depend on how it is classified — from a Crime of the Third Degree up to a Crime of the Second Degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers burglary?
Burglary is governed by N.J.S.A. 2C:18-2 (Burglary).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.