In everyday speech, people say their house was “robbed” when they mean burglarized. In a New Jersey courtroom, the two words describe completely different crimes with different elements and very different penalties. If you’re facing either charge, the distinction isn’t academic — it shapes the entire defense.
Burglary: about unlawful entry
Burglary, under N.J.S.A. 2C:18-2, is fundamentally about entering (or remaining in) a structure without permission with the purpose to commit a crime inside. There doesn’t have to be a victim present, and nothing has to actually be stolen — the crime is the unlawful entry coupled with criminal intent.
- Burglary is normally a third-degree crime.
- It rises to second-degree if, in the course of the burglary, the person is armed, uses or threatens a deadly weapon, or inflicts or attempts to inflict bodily injury.
Robbery: a theft plus force
Robbery, under N.J.S.A. 2C:15-1, is a theft committed with force or the threat of force against a person. The defining feature is the confrontation: during a theft (or attempted theft, or immediate flight from one), the person uses force, threatens or puts a victim in fear of immediate bodily injury, or commits another crime in the process.
- Robbery is normally a second-degree crime.
- It rises to first-degree — the most serious tier — if the person attempts to kill, inflicts or attempts serious bodily injury, or is armed with or uses a deadly weapon.
Why the grading is everything
Both charges are indictable (felony-level) crimes handled in Superior Court, not municipal court. But the degree drives the exposure. A second-degree crime carries a presumption of state prison even for a first offender, and a first-degree robbery is among the most serious charges in the criminal code. When a weapon is alleged, robbery and burglary cases can also pull in separate weapons charges with their own mandatory-minimum exposure under the Graves Act.
How these cases get defended
Defense work in burglary and robbery cases focuses on the elements the State must prove:
- Identity — eyewitness reliability, surveillance quality, and forensic linkage.
- Intent — for burglary, whether the State can prove a purpose to commit a crime inside, not mere presence.
- Force or fear — for robbery, whether the confrontation element is really there or whether it’s a theft that should be graded as such.
- The stop and search — whether evidence was lawfully obtained, the same suppression issues that run through serious criminal cases.
Because grading can mean the difference between diversion and years in prison, eligible defendants should also explore whether Pretrial Intervention is realistic given the charge and record.
Charged with burglary or robbery? Get defense involved now
These are among the most serious charges New Jersey prosecutes, and the degree alone can change your life. If you’re facing a 2C:18-2 or 2C:15-1 charge, it’s worth a free call before you discuss the case with anyone.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Criminal Charges Guide.