Burglary Defense Lawyers in New Jersey

Charged With Burglary? Protect Your Rights with an Experienced Criminal Defense Lawyer

Burglary charges in New Jersey carry serious consequences, and recent changes to the state law have made penalties even harsher. In October 2024, Governor Murphy signed a new law creating two additional burglary offenses – Home Invasion Burglary and Residential Burglary – both with enhanced sentencing requirements.

If you are under investigation or facing burglary charges, you need an aggressive and experienced New Jersey burglary defense attorney to protect your rights, your freedom, and your future. 

At Lackey & Miller, our attorneys have over 20 years of combined experience as New Jersey prosecutors and criminal defense lawyers. As a former prosecutor, Jeremy Lackey handled hundreds of theft and burglary cases, some of which resulted in trials. We know how the prosecution builds burglary cases – and how to find weaknesses in their arguments to fight for the best outcome for our clients. 

Jeremy was very helpful and always responded whenever I had a question. Made the legal process a lot less stressful and basically seamless. Very transparent and responsive. Thank you – Alex

Understanding Burglary Charges in New Jersey

New Jersey’s burglary law criminalizes unlawfully entering or remaining in a structure, vehicle, or residence with the intent to commit a crime inside.

The 2024 changes to the law now classify burglary into three distinct offenses: 

Burglary (Third-Degree Offense – N.J.S.A. 2C:18-2)  

Burglary occurs when someone unlawfully enters a building, vehicle, or structure intending to commit an offense (such as theft or assault). The State must prove beyond a reasonable doubt that you entered with the purpose of committing an offense. 

Key defenses include: 

• Lack of criminal intent – You did not enter with the purpose of committing a crime.
• Permission to enter – You had consent to enter from someone with authority over the property.
• Mistaken identity – There is insufficient evidence to prove you were the person who entered. 

Penalties: 3 to 5 years in prison and up to a $15,000 fine. 

Home Invasion Burglary (First-Degree Offense – N.J.S.A. 2C:18-2.1)

This is the most serious burglary charge in New Jersey. You can be charged with home invasion burglary if you enter a residence while armed with a weapon or cause bodily injury to anyone inside. If you enter a home with a pocketknife, even if you never intended to use it, you could face first-degree home invasion burglary charges. 

Penalties: 

• 10 to 20 years in prison 
• $200,000 fine
• Subject to the No Early Release Act (NERA) – must serve 85% of the sentence before being eligible for parole and subject to five years of parole supervision upon release

Residential Burglary (Second-Degree Offense – N.J.S.A. 2C:18-2.2) 

Residential burglary applies when someone unlawfully enters a home with intent to commit a crime but is not armed and does not cause injury. Simply entering a home with intent to commit a low level theft could result in this very serious charge. 

Penalties: 

• 5 to 10 years in prison
• $150,000 fine
• Subject to NERA – must serve 85% of the sentence before parole eligibility and subject to three years of parole supervision upon release

Can I Avoid Jail Time for a Burglary Charge in New Jersey? 

Depending on the severity of your charge, you may qualify for a diversionary program such as Pre-Trial Intervention (PTI) or Drug Court/Recovery Court. However, in NERA cases such as home invasion burglary and residential burglary, 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 burglary and residential burglary under certain conditions. However, first-degree home invasion burglary remains ineligible.

Downgraded or Lesser Included Offenses of Burglary in New Jersey

In some cases, burglary charges can be reduced to lesser offenses through negotiations. Two common downgraded charges include unlicensed entry of structures and defiant trespasser. While these are still serious offenses that can result in a criminal record, they are classified as disorderly persons offenses, meaning they carry far less severe penalties than burglary. A conviction may result in probation or minimal jail time, rather than the lengthy prison sentences associated with burglary charges.  

Possible Defenses Against Burglary Charges

The prosecution must prove beyond a reasonable doubt that you:

1. Entered unlawfully – You did not have permission to enter the premises.
2. Had criminal intent – you intended to commit a crime inside. 

Common defenses include:

• Lack of evidence – No clear proof you were at the scene.
• Mistaken identity – Flawed eyewitness testimony or unclear surveillance footage.
• Consent to enter – You were invited to enter the property. 

Challenging Burglary Charges in New Jersey

Proving you committed a burglary beyond a reasonable doubt can be difficult, especially if you were not caught on the scene. Prosecutors often rely on direct and circumstantial evidence, both of which can be challenged in court.

• Eyewitness Testimony – Witness reliability is often questionable. Factors like lighting, distance, and time of day can impact accuracy. 
• Video Surveillance – Footage quality matters. Was the video clear enough to identify you? Is there room for doubt about who was recorded or the nature of the recording? 

It is important to remember that if you are questioned or approached by law enforcement about a burglary, exercise your right to remain silent and request to have an attorney present.

How can a criminal defense lawyer help with my burglary case?

A knowledgeable defense attorney can:

• Analyze the prosecution’s evidence and identify weaknesses.
• Challenge unlawful searches, unreliable witnesses, or weak surveillance footage.
• Negotiate reduced charges or alternative sentencing options.
• Represent you in court to fight for dismissal or acquittal.

Why Should I Work with Lackey & Miller, LLC? 

If you’re facing burglary charges, you need an experienced and aggressive defense strategy. Here’s why New Jersey residents trust the attorneys at Lackey & Miller: 

• Former Prosecutors Who Know How to Win – Our attorneys have tried multiple burglary cases and know the prosecution’s tactics.
• Proven Track Record – We’ve helped clients avoid convictions, reduce charges, and secure dismissals. 
• Personalized Legal Defense – Every case is unique, and we develop custom defense strategies for each client. 

Jeremy Lackey handled 3 cases for me and was worth every single penny. First and foremost, the price for service was fair. Secondly, I acquired his services on a bit of short notice, but Mr. Lackey worked through the weekend going over my evidence and came to court prepared to fight for me, and that he did. I couldn’t ask for a better lawyer on my side and will be my first choice should the need arise again. – Cisco

Arrested for Burglary? Call an Experienced New Jersey Burglary Defense Lawyer Today

If you are being investigated or charged with burglary, don’t talk to the police without legal representation. The sooner you have an experienced New Jersey burglary defense attorney on your side, the better your chances of avoiding serious penalties. 

Call Lackey & Miller, LLC today at 856-399-0089 for a free consultation. We will review your case, explain your options, and build the strongest defense possible. When the stakes are this high, don’t leave it to chance!