New Jersey Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in New Jersey: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in New Jersey, consult a licensed New Jersey criminal defense attorney.

New Jersey Burglary Penalties

OffensePenalty
First Offense3rd degree crime: 3–5 years prison
Second Offense2nd degree crime: 5–10 years prison

NJSA §2C:18-2; 2nd degree if inflicts/threatens bodily injury or armed with weapon

Burglary Statute of Limitations in New Jersey

In New Jersey, the statute of limitations for theft and property crimes is generally 5 years.

See all New Jersey statutes of limitations →

Defending Against Burglary Charges in New Jersey

Common defenses in New Jersey burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a New Jersey criminal defense attorney for advice.

Related New Jersey Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication