New Jersey Burglary Lawyer: What You Need to Know Before Its Too Late
Welcome to Spodek Law Group. Our goal is to give you the reality of burglary charges in New Jersey - not the sanitized version other law firms present, not the simplified version prosecutors want you to believe, but the actual truth about what happens when someone faces these charges in the Garden State.
Heres the thing most people dont understand about New Jersey burglary law: you dont have to steal anything. You dont have to break anything. You dont even have to touch anything inside. The crime is complete the moment you enter a structure with what prosecutors claim was "intent to commit an offense." And that intent is determined after the fact - by prosecutors reconstructing what they think was in your head based on circumstantial evidence. This is the trap that destroys lives in New Jersey.
If someone told you that walking through an unlocked door could result in five to ten years in prison, you would probably think they were exaggerating. They are not. Under N.J.S.A. 2C:18-2, New Jersey has eliminated the traditional "breaking" requirement entirely. There is no breaking and entering in New Jersey - there is only entering with intent. The door being unlocked, the window being open, none of it matters. What matters is what prosecutors decide you were planning to do when you walked inside.
What New Jersey Actually Calls Burglary
Most people operate under a fundamental misunderstanding about burglary. They think burglary means someone broke into a building and stole something. That definition might work in movies and common conversation, but it has nothing to do with how New Jersey law actually works.
Under New Jersey criminal statutes, a person commits burglary if they enter a structure, or remain in a structure, without permission or license, with the purpose to commit an offense inside. Read that again carefully. The offense doesnt have to be theft. It could be criminal mischief. It could be assault. It could be vandalism. It could be basicly any criminal act. And critically - the intended offense doesnt have to actually happen. The crime of burglary is complete the moment you enter with that intent.
Think about that for a moment. Let that sink in. You can walk through an open door, change your mind immediatly, walk right back out, touch nothing, take nothing, harm no one - and still face years in prison for burglary. Because under New Jersey law, the crime happened when you entered. Everything after that is irrelevant to the burglary charge itself.
This is why burglary charges are so dangerous. Prosecutors dont need to prove you actually did anything inside the building. They just need to convince a jury that you intended to do something when you went in. And juries in New Jersey are instructed that intent can be proven through circumstantial evidence.
The Intent Trap: How Prosecutors Prove What You Were Thinking
OK so heres were it gets really concerning for anyone facing these charges. The prosecution doesnt need a confession. They dont need you to admit what you were planning. They build there case from the circumstances surrounding your entry.
What time was it? Dark clothes? Gloves? Did you have tools - even a screwdriver or flashlight? Did you look around before entering? Were you alone or with others? Is there surveillance footage showing you checking if anyone was home? Do you have any prior record, even unrelated charges? All of this becomes evidence of your "intent."
Heres the kicker - your explanation for why you were there can actually hurt you. Say you tell police you were looking for shelter from the rain. Now theyre going to argue: if it was innocent, why didnt you knock first? Why didnt you leave when you saw it was occupied? Why were you carrying that bag? Every innocent detail gets twisted into evidence of guilt. Every attempt to explain yourself becomes more rope for the prosecution.
As Todd Spodek has explained to clients countless times, the worst thing you can do is try to talk your way out of a burglary investigation. Your words become the prosecution's weapon. They take your nervous explanations, your imperfect memory, your attempts to seem cooperative - and they use it all to construct a narrative of criminal intent that never existed.
This is how the system actualy works. Prosecutors dont read minds. They reconstruct intent after the arrest based on whatever evidence supports there theory. And in New Jersey, that reconstructed intent is enough to put someone away for years.
Why the Door Being Unlocked Makes It Worse
Heres something that should alarm anyone who thinks common sense applies to criminal law. You would expect that walking through an unlocked door is less serious than breaking a window or picking a lock. After all, theres no property damage, no forced entry, no clear indication of criminal planning.
But thats not how New Jersey treats it. And heres were the logic gets twisted in ways that hurt defendants.
When someone breaks into a building, theres often physical evidence that needs to be explained. Broken glass. Tool marks. Damage to locks. This evidence requires interpretation and can sometimes be disputed. But when someone walks through an unlocked door, the entry itself is undisputed. You were inside. Nobody questions that. The entire case becomes about intent - which prosecutors get to construct from circumstances.
Think about the paradox here. The person who kicks down a door at least has forced entry as part of what the prosecution must prove. The person who walks through an open door has basicaly admitted the entry and now faces a prosecution thats entirely focused on proving what was in there head. The unlocked door removes one element of the crime from dispute and puts all the weight on mental state - which is exactly were prosecutors have the most room to speculate.
At Spodek Law Group, weve seen this pattern repeatedly. Clients who thought walking through an unlocked door meant they couldnt be charged with "real" burglary. They were wrong. The door being unlocked does not help you in New Jersey - it may actually make the prosecution's job easier.
Third Degree vs Second Degree: The Line That Determines Your Future
Now lets talk about what these charges actualy mean in terms of your life. Because the difference between third-degree and second-degree burglary in New Jersey isnt just legal terminology - its the difference between possibly getting probation and definately going to prison.
Third-degree burglary is the baseline charge. If your convicted, your looking at three to five years in state prison and fines up to $15,000. But heres something important: third-degree crimes in New Jersey carry what's called a "presumption of non-incarceration" for first-time offenders. This means a judge is supposed to lean toward probation rather than prison if you have no prior record. Its not guaranteed, but its a meaningful protection.
Second-degree burglary is a completly different situation. The sentence jumps to five to ten years in prison with fines up to $150,000. And there is no presumption of non-incarceration. None. A first-time offender facing second-degree burglary is looking at mandatory prison time.
But wait - it gets worse. Second-degree burglary triggers New Jersey's No Early Release Act, commonly called NERA. Under NERA, you must serve at least 85% of your sentence before your even eligable for parole. A ten-year sentence means eight and a half years behind bars minimum. Not three years. Not five with good behavior. Eight and a half years of your life, gone.
What elevates burglary from third to second degree? If the prosecution can prove that during the burglary you: purposely, knowingly, or recklessly inflicted or attempted to inflict bodily injury on anyone; or you were armed or displayed what appeared to be a deadly weapon or explosive. Notice how broad that is. "Recklessly" inflicting harm. "What appeared to be" a weapon. These arent narrow categories - there designed to give prosecutors room to argue for the higher charge.
The stakes here cannot be overstated. Second-degree burglary under NERA is not a slap on the wrist. It is years of your life taken away with mandatory minimum time served.
The 2025 Home Invasion Law Changed Everything
And now we have to talk about something that almost no other source has addressed yet becuase its so new. In late 2024, Governor Murphy signed legislation creating a new crime in New Jersey: home invasion burglary. This law went into effect in 2025 and it fundamentaly changes the landscape for anyone facing residential burglary charges.
Under the new statute, home invasion is a first-degree crime. Let that sink in. First degree. In New Jersey, first-degree crimes carry sentences of ten to twenty years in prison. And NERA applies, meaning 85% must be served before parole eligibility.
What qualifies as home invasion under the new law? Entering a residential dwelling with intent to commit a crime while the residence is occupied - or, critically, while the residence is unoccupied if certain aggravating factors are present. If weapons are involved, if threats are made, if anyone is harmed, your looking at the high end of that sentancing range.
Even entering an unoccupied home is treated as second-degree under this framework, punishable by five to ten years with NERA applying. The old distinctions between occupied and unoccupied residences have been collapsed in ways that maximize prosecutorial leverage.
This is brand new law. Many defense attorneys havent even updated there understanding of the sentancing exposure. Many defendants have no idea that what would have been third-degree burglary a year ago might now be charged as first-degree home invasion.
At Spodek Law Group, we have been tracking this legislative change closely becuase it represents a massive shift in how New Jersey treats residential burglary. If your facing charges involving a home - any home, occupied or not - you need representation that understands the 2025 framework.
What Actually Happens in Court: Three Recent Cases
Let me show you what these penalties look like in real cases - not hypotheticals, not worst-case scenarios, but actual sentances handed down in New Jersey courts in the past two years.
Keith Perry, a 39-year-old from Teaneck, led a burglary ring that hit 84 residences across nine New Jersey counties between October 2020 and March 2021. Morris, Bergen, Essex, Somerset, Hunterdon, Union, Passaic, Monmouth, Middlesex - his crew worked there way across the state. Attorney General Matthew Platkin announced his sentence in March 2023: fourteen years in state prison.
Heres the thing about the Perry case - he actualy stole things. He ran an organized operation hitting dozens of homes. Fourteen years for 84 burglaries across nine counties. Now consider: a single second-degree burglary charge can result in ten years. One incident versus 84, and the sentancing difference is only four years. Think about what that means for someone facing there first charge.
Andrew Williams of Atlantic City was sentenced in June 2025 to ten years total. Eight years for burglary under NERA, with additional concurrent time for other charges including credit card fraud. Under NERA, he serves at least 6.8 years before he's eligable for parole. This wasnt a crime spree - this was a case where the charges stacked up and the sentancing followed.
Manuel Fernandez of Jackson Township was sentenced in August 2025 to three years for burglary, concurrent with eighteen months for contempt. His burglary sentence is subject to NERA, meaning he serves at least 2.5 years minimum. Even what looks like a "short" sentence still means more then two years behind bars when NERA applies.
These arent worst-case examples designed to scare you. These are routine outcomes in New Jersey courts. Third-degree with NERA means years. Second-degree means many years. The new first-degree home invasion charge means potentially a decade or more.
The Burglary Tools Trap Nobody Warns You About
Theres another layer to this that most people dont even know exists until its too late. New Jersey has a seperate offense for possession of burglary tools under N.J.S.A. 2C:5-5. And what counts as a "burglary tool" might suprise you.
A screwdriver. A flashlight. Gloves. A crowbar. Even a credit card can be characterized as a burglary tool if prosecutors argue it was intended for illegal entry. The statute covers any device adapted or designed for breaking into a structure.
Heres were this becomes a nightmare for defendants. If your charged with burglary and found with any of these items, two things happen. First, you get an additional charge - either a disorderly persons offense or a fourth-degree crime depending on circumstances. Second - and this is the real danger - the tools themselves become evidence of your "intent" for the burglary charge.
See how the system works? The screwdriver in your pocket becomes proof you planned to commit a crime. The prosecution argues: why would you carry tools unless you intended to break in? Even if the screwdriver was for your job, even if you allways carry a flashlight, these ordinary items become weapons the prosecution uses against you.
This stacking of charges and evidence is something prosecutors do constantly. They take unrelated facts and weave them into a narrative of criminal intent. And most defendants dont realize how much danger there in until the charges are already filed.
Defense Strategies That Work in New Jersey
So what can actualy be done when your facing burglary charges in New Jersey? The answer depends entirely on the specific facts of your case, but there are several defense approaches that can make a real difference.
The first and most powerful defense is challenging the intent element. Remember - burglary requires not just entry, but entry with intent to commit an offense. If the prosecution cannot prove what you intended to do inside, they cannot prove burglary. This might seem difficult since intent lives in your head, but skilled defense work can undermine the circumstantial evidence prosecutors rely on.
Was there another reason you entered the building? Did you have permission that the prosecution doesnt know about or is ignoring? Was the building abandoned or appeared to be open to the public? Each of these can negate the intent element or the unlawful entry element.
Second, we look at whether any constitutional rights were violated during the investigation. Were you stopped without reasonable suspicion? Was the building searched without a warrant or proper consent? Did police question you without Miranda warnings? Constitutional violations can result in evidence being suppressed - and without that evidence, the prosecution's case may collapse.
Third, we examine the degree of the charge. Even if some form of conviction is likely, theres often room to argue for a lesser charge. Third-degree instead of second-degree. Unlicensed entry instead of burglary. Criminal trespass instead of burglary. The difference between these charges can mean years of your life.
Heres what Todd Spodek tells clients facing these situations: the prosecution has one story they want to tell. Our job is to tell a different story - one supported by evidence, one that creates reasonable doubt, one that gives the jury an alternative explanation for the circumstances. This isnt about lying or making things up. Its about ensuring the truth gets heard in a system thats designed to presume guilt.
What Happens Next If Your Facing Charges
If your reading this because you or someone you care about is facing burglary charges in New Jersey, you need to understand something critical about the timeline your operating under.
Every day that passes without proper legal representation is a day the prosecution is building there case. Theyre collecting evidence. Interviewing witnesses. Constructing the intent narrative. And your silence - or worse, your unguided statements to police - is being used against you.
The presumption of innocence is a legal principal, not a practical reality in how cases are built. By the time you see a courtroom, the prosecution has already decided your guilty. The trial is just the ceremony. The real fight happens in the months before - in motions to suppress evidence, in negotiations over charges, in the preparation that determines whether you have a fighting chance.
This is why Spodek Law Group exists. Not to give you false hope. Not to promise outcomes we cant guarantee. But to give you a real defense by someone who understands exactly how New Jersey prosecutors think, how these cases are built, and how to tear them apart.
The window to build an effective defense closes faster than most people realize. Evidence disappears. Witnesses forget. Strategies that would have worked early become impossible later.
The prosecution has been preparing for this moment for years. They have systems, resources, and experience dedicated to putting people in prison. You have days - maybe weeks - to get your defense together.
That asymetry is intentional. The system is designed to make conviction easy and defense difficult. But its not impossible. Not with the right representation.
Call Spodek Law Group at 212-300-5196. The conversation is confidential. The assessment is honest. And the stakes are too high to wait.
They've been building there case. Its time you started building yours.
