Burglary Lawyer in Woodbridge, Middlesex County

Reviewed by William A. Proetta, Esq. · Updated October 2026

Burglary of a store, office, warehouse or other non-residential structure under N.J.S.A. 2C:18-2 is a 3rd-degree crime carrying 3 to 5 years, and it becomes a 2nd-degree crime (5 to 10 years, with 85% served before parole) when someone is hurt or threatened or the person is armed. Entering a house or apartment with purpose to commit an offense is now charged separately as residential burglary under N.J.S.A. 2C:18-2.2, a 2nd-degree crime subject to the No Early Release Act unless the defense proves a reasonable belief that nobody was inside.

Every burglary charge is indictable. Complaints from Edison, Woodbridge, Old Bridge, Sayreville or anywhere else in the county go to the Middlesex County Prosecutor’s Office at 25 Kirkpatrick Street and are heard in the Superior Court at 56 Paterson Street in New Brunswick. Our Edison office handles burglary defense across the county. I have tried criminal cases for more than 15 years, and in burglary the decisive question is usually not whether someone went inside but what the State can prove about why.

Three Statutes Since October 2024

P.L.2024, c.83, approved October 18, 2024, split New Jersey burglary into three offenses. Which one is charged depends almost entirely on the kind of building.

Non-residential burglary, 2C:18-2

The State must prove the person, with purpose to commit an offense inside:

• entered a research facility or a structure other than a residential dwelling, or a separately secured or occupied part of one, without license or privilege, and when it was not open to the public; or
• surreptitiously remained inside knowing he had no license or privilege to be there; or
• trespassed on utility company property that was posted or fenced against trespass.

“Structure” reaches further than people expect. In State v. Olivero, 221 N.J. 632 (2015), the Supreme Court held that a fenced, locked commercial lot closed to the public was a structure, and affirmed a 3rd-degree burglary conviction. An open parking lot is a different matter.

Residential burglary, 2C:18-2.2

The same entry or remaining, but into a residential dwelling or accommodation. The law defines that term in 2C:18-1. Two features matter:

• Whether the person knew someone was home is neither an element nor a defense.
• The only way off the NERA track is for the defense to prove, by a preponderance of the evidence, a reasonable belief that no resident or other person was present. The statute asks about residents or others “other than a person acting in concert with the actor,” so an accomplice inside the home is not the person who matters.

Home invasion burglary, 2C:18-2.1

A residential entry plus bodily injury inflicted, attempted or threatened, or being armed with or displaying what appear to be explosives or a deadly weapon. It is a 1st-degree NERA crime with no reasonable-belief exception. Our page on home invasion burglary in Middlesex County covers it in depth.

The intent element

All three require a purpose to commit an offense inside at the moment of entry or while remaining. The offense need not be theft. It can be assault, criminal mischief or violating a restraining order. Because intent is rarely admitted, the State builds it from circumstances: the hour, tools, gloves, a forced lock, what was moved. When those facts point elsewhere, such as a former tenant retrieving belongings or a friend who had been let in before, the charge can collapse to trespass.

Burglary and Trespass Grades in Middlesex County

Maximum fines run $200,000 for 1st degree, $150,000 for 2nd, $15,000 for 3rd and $10,000 for 4th. The bottom three rows matter because trespass is the usual landing spot when the intent proof is weak; our criminal trespass page explains those charges.

What a Burglary Conviction Carries

NERA. For a 1st- or 2nd-degree burglary covered by the No Early Release Act, 85% of the sentence imposed must be served before parole eligibility, followed by 5 years of parole supervision for 1st degree or 3 years for 2nd. On a 6-year residential burglary sentence, that is roughly 5 years and 1 month before parole. NERA applies to 2C:18-2 only at the 2nd-degree level, so a 3rd-degree commercial burglary is outside it.

Graves Act. When a firearm is used or possessed during any burglary, including home invasion and residential burglary, 2C:43-6(c) requires a minimum term of the greater of one-half the sentence or 42 months without parole.

Extended terms. Using a stolen motor vehicle in a home invasion or residential burglary can support an extended term under 2C:44-3(f).

Presumptions. For home invasion and every 2nd-degree form, N.J.S.A. 2C:44-1(d)(1) presumes a prison term. The escape valve is 2C:44-1(d)(2), which P.L.2026, c.30 brought back: when mitigation substantially outweighs aggravation, to the point the judge is clearly convinced, and justice requires it, a residential burglary can be sentenced in the 3rd-degree range. Prosecutors get 10 days to appeal that ruling. A first offender convicted of 3rd-degree burglary has a presumption of non-imprisonment under 2C:44-1(e).

Drug Court. Second-degree burglary and residential burglary are not barred from special probation under 2C:35-14, even though both are NERA offenses. For a person whose break-ins were driven by addiction, that is a real alternative.

Restitution for damage and missing property is ordered in most cases.

Expungement. Burglary, residential burglary and home invasion burglary are not on the 2C:52-2(b) bar list. After the waiting period, usually 5 years, a conviction can be expunged; see our Middlesex expungement page.

Immigration. A burglary offense with a sentence of at least one year can be treated as an aggravated felony under federal law. A non-citizen should have an immigration lawyer review any plea before it is entered.

Burglary Cases in the Middlesex County System

Arrest is the norm for homes. Residential and home invasion burglary were added to the list of charges carrying a presumption that police seek a complaint-warrant rather than a summons (Directive #13-24 and Court Rule 3:3-1(f)). In practice, a person accused of breaking into a house in Piscataway or East Brunswick is usually taken to the Adult Correction Center on Apple Orchard Lane in North Brunswick to await a first appearance. For home invasion burglary, Pretrial Services must recommend no release, which sets up a contested detention hearing; our guide to pretrial release and detention explains how those hearings work. A 3rd-degree commercial burglary more often ends with release on conditions.

The investigation. Detectives typically collect doorbell and business camera footage, fingerprints or DNA from the point of entry, pawn and resale records, and phone location data. When the people involved know each other, as with ex-partners, former roommates or relatives, the case often turns on texts showing who had permission to be there. If the complaining witness is a household member or dating partner, a restraining order case may open in the Family Part at 120 New Street at the same time.

Grand jury and arraignment. The MCPO decides whether to present the case to a New Brunswick grand jury and on what charge. That is the first real chance to move a residential burglary toward trespass or theft, before an indictment fixes the counts. After indictment, the case is arraigned at the Paterson Street courthouse.

Downgrades. Where the proof of purpose inside is thin, the prosecutor can amend to criminal trespass and, for the disorderly persons grade, remand the case to the municipal court where it began, such as Old Bridge Municipal Court at 1 Old Bridge Plaza or Sayreville Municipal Court at 1000 Main Street. Restitution offered early and evidence of a prior relationship with the property often drive that result.

PTI for a Burglary Charge

A first offender charged with 3rd-degree commercial burglary is a reasonable candidate for Pretrial Intervention, filed through the Middlesex Criminal Division before the first case disposition conference after arraignment, usually with restitution as a condition. Residential and 2nd-degree burglary face a presumption against admission that applies to all 1st- and 2nd-degree crimes, and admission over it requires the prosecutor’s consent and a guilty plea held in abeyance. A realistic plan for a home case often starts with amending the charge to 3rd-degree non-residential burglary or trespass and then seeking PTI. More on the program: PTI in Middlesex County.

Defenses to Burglary in New Brunswick

• No purpose to commit an offense inside. Entering to sleep, to get out of the cold, or to collect belongings is trespass at most.
• License or privilege. A key, a standing invitation, a shared lease or an employer’s permission defeats the unlawful-entry element.
• Wrong statute. A detached garage, a vacant unit under renovation or a mixed-use building may not be a “residential dwelling or accommodation.” That can move the case from 2C:18-2.2 to 2C:18-2.
• Reasonable belief no one was home. Proof of a posted vacancy, a long absence or a darkened, locked building can take a residential burglary off NERA.
• Open to the public. Walking into a business during open hours is not unlicensed entry, though staying hidden after closing can be.
• Identity. Grainy video and a single fingerprint on a movable object are weaker than they look.
• Suppression. A search of a car or phone after arrest may be challenged; see our page on a motion to suppress.

Break-ins of parked cars raise separate charging issues, covered in our post on car burglary consequences in New Jersey.

Talk With a New Brunswick Burglary Attorney

Do not explain to police why you were inside, and save any messages showing you had permission to be there. Call our Edison office at (732) 659-9600, day or night, or reach us online.