Governor Murphy recently signed into law significant changes to New Jersey’s home invasion and burglary statutes. The new legislation, effective immediately, enhances penalties and introduces two distinct types of burglary charges with serious implications for those accused. Here, we’ll break down the updates, compare them to previous laws, and explain what defendants – and their families – need to know.
Prior Burglary Law in New Jersey
Under previous law, New Jersey’s burglary statute didn’t differentiate between residential and non-residential burglaries. Whether breaking into a home, business, or other building, the base charge was third-degree and carried up to a five-year prison sentence. A burglary could be elevated to a second-degree offense if a weapon was involved or if there was violence, like aggravated assault or sexual assault.
New Classifications in the Home Invasion and Burglary Law
The new home invasion and burglary law in New Jersey reclassifies certain aspects of home invasion, enhancing the potential penalties for breaking into or unlawfully entering someone’s residence. The law reflects a tougher stance on home invasion, emphasizing the protection of people’s homes and redefining specific acts as more severe offenses.
The new law now separates burglary into two specific classifications:
- Home Invasion Burglary (First-Degree Offense): When someone enters a residence with intent to commit an offense while armed with a weapon or causes bodily injury while in the home.
- Residential Burglary (Second-Degree Offense): When someone unlawfully enters a home with an intent to commit an offense, such as a theft.
These distinctions significantly raise the stakes for defendants. A home invasion burglary, formerly a second-degree crime, is now classified as a first-degree offense with possible prison terms of 10-20 years. Residential burglary, previously a third-degree offense, is now a second-degree offense, punishable by 5 to 10 years.
Penalties Under the New Law
The penalties for these offenses are substantial:
- Home Invasion Burglary (First-Degree): Punishable by 10-20 years in prison. Additionally, this crime falls under New Jersey’s No Early Release Act (NERA), requiring 85% of the sentence be served before parole eligibility.
- Residential Burglary (Second-Degree): Punishable by 5-10 years in prison, also with an 85% NERA parole restriction.
Additionally, a conviction for either offense could prevent a person from obtaining or maintaining professional licenses from the Division of Consumer Affairs, adding another layer of lasting impact.
Special Implications for Juvenile Defendants
One of the most concerning changes involves how the law impacts juveniles in New Jersey. The amendment to New Jersey’s juvenile waiver statute (2A:4A-26.1) allows for juveniles charged with these new burglary classifications to be transferred, or “waived,” from family court to adult criminal court. If a juvenile is waived to adult criminal court, they can face adult-level sentences, including lengthy prison terms and an adult criminal record, with life-altering consequences. This shift highlights the critical importance of skilled legal defense for juveniles charged under this law.
Eligibility for Pretrial Intervention (PTI) and Drug Court/Recovery Court
In No Early Release Act cases, the presumption of imprisonment is high, and both the severity of the crime and legislative intent prevent eligibility for many diversionary programs.
The new law also changes eligibility for Pretrial Intervention (PTI) and Drug Court/Recovery Court:
- Pretrial Intervention (PTI): With residential burglary elevated to a second-degree offense, there is now a presumption against PTI eligibility unless the prosecutor’s office consents. Previously, as a third-degree charge, burglary offered more flexibility for first-time, non-violent offenders seeking PTI. Now, defendants would need compelling reasons to enter PTI and would require a “plea” into the program, which may increase the risk of incarceration if they fail the program. Defendants charged with the first-degree home invasion burglary are ineligible for PTI unless the prosecutor downgrades or dismisses that charge.
- Drug Court/Recovery Court: While the Drug Court statute has been amended, there is an exception allowing eligibility for residential burglary under certain conditions. However, first-degree home invasion burglary remains ineligible.
Why You Need an Experienced New Jersey Criminal Defense Firm
Navigating these complex new statutes and increased penalties requires a knowledgeable defense team. For individuals charged under this new law, having a robust defense strategy is essential in light of the increased penalties and prosecutorial discretion. If you or a loved one is facing home invasion charges, contact Lackey & Miller, LLC, for an experienced legal team that can provide guidance tailored to these new and challenging legal circumstances.
Link To The New Jersey Legislation on Home Invasion and Residential Burglary
https://njleg.gov/bill-search/2024/S3006/bill-text?f=S3500&n=3006_U1
Written By Jeremy Lackey
Jeremy Lackey is a seasoned criminal attorney who served as an Assistant Prosecutor for the Burlington County Prosecutor’s Office and as a Deputy Attorney General for New Jersey Office of the Attorney General, Division of Criminal Justice, before co-founding the firm Lackey & Miller, LLC.
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