If You’ve Been Charged with Burglary in Lakewood — Start Here
Burglary is a serious indictable (felony-equivalent) charge in New Jersey. Unlike traffic tickets or disorderly persons offenses that resolve in municipal court, a burglary charge goes straight to Ocean County Superior Court in Toms River — and the potential consequences are significantly higher.
Goldman Law Firm represents Lakewood defendants charged with burglary. Call 908-692-7745 for a free consultation. The early decisions in a burglary case shape what’s possible later.
NJ Burglary Law — N.J.S.A. 2C:18-2
NJ burglary is defined under N.J.S.A. 2C:18-2 as entering a structure (or remaining there) with the purpose to commit an offense inside. The statute has two grades.
Second-degree burglary
Applies if, during the burglary, the defendant:
- Purposely, knowingly, or recklessly inflicts, attempts to inflict, or threatens to inflict bodily injury, OR
- Is armed with explosives or a deadly weapon
Penalty: 5 to 10 years in NJ State Prison, fines up to $150,000.
Third-degree burglary
Applies to all other burglaries (no injury threats, no weapons).
Penalty: 3 to 5 years in prison, fines up to $15,000.
What “Entering” Means in NJ Burglary
The “entering” element is broader than people expect:
- Walking through an unlocked door — qualifies
- Reaching through an open window with an arm — qualifies
- Using a tool to extract property without entering personally — courts have applied burglary in some cases
- Entering an enclosed yard, fenced area, or attached garage — yes, “structures” include more than just buildings
The “purpose to commit an offense” element is what separates burglary from criminal trespass — there must be intent to commit a crime inside (typically theft, but other intended offenses count too).
Common Lakewood Burglary Scenarios
- Residential burglary — entry into a home, often to take electronics, cash, jewelry, prescription drugs
- Commercial burglary — entry into a closed business after hours
- Construction site burglary — copper wire, tools, equipment theft
- Auto burglary — entering a parked vehicle (this can be charged as burglary if the vehicle is a “structure” under NJ law, more commonly charged as theft)
- School or church burglary — significantly higher prosecutorial attention
Defenses to a Lakewood Burglary Charge
- Lack of intent — the prosecution must prove specific intent to commit an offense inside; entry alone isn’t enough
- Lawful presence — invited guests, employees, customers can’t burglarize a place where they were welcome
- Mistaken identity — poor witness identification, video quality issues, alibi witnesses
- Constitutional defenses — illegal stop, search, or seizure; suppression of evidence
- Insufficient circumstantial evidence — many burglary cases rely on circumstantial proof; gaps in evidence chain create reasonable doubt
- Renunciation — N.J.S.A. 2C:5-1(d) — withdrawing from attempted burglary before completing it may be a defense in narrow circumstances
Where the Case Is Heard
Burglary is an indictable offense and is heard at the Ocean County Superior Court, Criminal Part, located at 118 Washington Street, Toms River. Case stages typically include:
- First appearance (often quickly after arrest)
- Grand jury — prosecution presents evidence to obtain an indictment
- Arraignment on the indictment
- Pre-trial conferences, motions to suppress, discovery
- Plea negotiations or trial
- Sentencing
Pretrial Intervention (PTI)
For eligible third-degree defendants, N.J.S.A. 2C:43-12 Pretrial Intervention provides a path to dismissal without conviction. PTI involves a probationary program — typically 1-3 years — that, if completed successfully, results in the burglary charge being dismissed. Eligibility is restrictive:
- No prior PTI participation
- Limited or no significant prior record
- Prosecutor consent required
- Victim consent often required
Application timing matters — applying early in the case maximizes your chances.
What a Lakewood Burglary Conviction Means Long-Term
- Permanent record until expunged
- Employment — most employers screen criminal records; burglary is particularly damaging for housing, finance, healthcare, education
- Housing — many landlords screen for burglary or theft convictions
- Gun rights — indictable convictions trigger federal firearms prohibitions
- Immigration — burglary may trigger inadmissibility or removal
- Loss of professional licenses
NJ Burglary Expungement
Burglary convictions are eligible for expungement under current NJ law:
- 3rd degree: Eligible after 5 years from sentence completion (typical “clean slate” rules apply)
- 2nd degree: Eligible after a longer waiting period
- Some violent burglaries are excluded from expungement entirely
What to Do If Charged with Burglary in Lakewood
- Don’t make statements to police beyond identifying yourself
- Don’t consent to searches
- Get counsel immediately — burglary defense gets harder once the prosecution builds its case
- Don’t post about the case on social media
- Document everything you remember and preserve any evidence
- Identify alibi witnesses early
Frequently Asked Questions
Is burglary a felony in NJ?
NJ uses “indictable offense” instead of “felony” — but burglary is indictable, which is the equivalent. For federal background-check and employment purposes, it’s a felony.
What’s the difference between burglary and criminal trespass in NJ?
Burglary requires intent to commit an offense inside the structure. Trespass (N.J.S.A. 2C:18-3) is just being where you don’t belong. Burglary is significantly more serious.
Can a burglary charge be reduced to trespass?
Sometimes — through plea negotiation. The prosecution must show intent for burglary; weakness on that element can support a plea down to trespass.
What if nothing was taken?
Burglary doesn’t require completed theft — just entry with intent to commit an offense. But absence of taken property can support a defense argument that intent wasn’t established.
Can a Lakewood burglary case be expunged?
Most 3rd-degree burglaries become eligible 5 years after sentence completion. 2nd-degree may take longer. Some violent burglaries are excluded.
Talk to a Lakewood Burglary Defense Lawyer
Burglary charges carry years of potential prison time and lifelong consequences. The first weeks of a case shape what’s possible later. Goldman Law Firm represents Lakewood and Ocean County burglary defendants. Free consultations.
Call 908-692-7745 or request a free consultation online.