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 150000 usd (no statutory minimum) (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 15000 usd (no statutory minimum) (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.