Need a Burglary Lawyer in New Jersey, NJ?
You’re sitting in a holding cell at the county jail. A detective just read you the charges — burglary, maybe with a weapon, maybe a third-degree crime with a presumption of imprisonment. Your mind races. You have never been through the New Jersey criminal justice system before. What happens next? Who do you call? The pressure is immediate: the prosecutor will move for pretrial detention at your first appearance unless your attorney can show that you’re not a flight risk or a danger. In New Jersey, there is no cash bail — the decision comes down to a Public Safety Assessment score and the arguments your lawyer makes. You need counsel who appears regularly in New Jersey Superior Court, understands the Criminal Justice Reform Act, and can act before the indictment comes down. Law Offices Of SRIS, P.C. has represented clients facing burglary charges in New Jersey since the firm was founded in 1997. Reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Strategy Options When You’re Facing a Burglary Charge
Every burglary case in New Jersey starts with the same question: did the State have probable cause to arrest you, and can it prove every element of the offense beyond a reasonable doubt? Burglary means entering a structure without permission with the intent to commit an offense inside. The intent element often becomes the fight — the prosecution must show you meant to steal, assault, or destroy property at the moment you entered, not later. Mr. Sris and the firm’s Of Counsel attorneys examine whether the evidence supports that intent, whether the entry was truly unauthorized, and whether your constitutional rights were violated during the investigation. If the police search was unlawful, critical evidence can be suppressed. If the alleged victim’s credibility is weak, the State’s case can crumble at trial. Every decision — whether to seek admission into Pre-Trial Intervention (PTI), whether to negotiate a downgrade to a disorderly persons offense, or whether to take the case to a jury — turns on the specific facts. New Jersey gives you options: for first-time indictable offenders, PTI can result in a complete dismissal after one to three years of supervision. Conditional discharge may be available for drug-related burglary charges heard in municipal court. The firm’s experience with New Jersey’s procedural landscape means we can identify the most realistic path early.
What to Expect After an Arrest for Burglary in New Jersey
You will likely be taken to the county jail for processing. Within 48 hours, a Superior Court judge will hold a first appearance under the Criminal Justice Reform Act. The judge will review a Public Safety Assessment that scores your risk of flight and your danger to the community. Because burglary can be a second- or third-degree crime depending on the circumstances, the prosecutor may move for pretrial detention. That is why you need counsel present at that hearing — the argument for release on conditions (GPS monitoring, reporting requirements) must be made immediately. If you are detained, the State must obtain an indictment within 90 days. During that time, your attorney can investigate, file motions, and discuss PTI with the prosecutor. If the case goes to trial, it will be held in the Superior Court of the vicinage where the alleged offense occurred. Municipal courts handle lesser charges that may be downgraded. Every county — Bergen, Essex, Monmouth, Morris, Somerset, and others — has its own local practice nuances, and Mr. Sris and the firm’s Of Counsel attorneys appear in courts statewide.
Penalties for Burglary in New Jersey
New Jersey grades burglary by degree. A third-degree burglary conviction carries three to five years in state prison and a fine of up to $15,000. A second-degree burglary — typically involving an occupied dwelling, a weapon, or injury — escalates to five to ten years with a presumption of imprisonment. If the burglary is a crime of the first degree, the sentence can reach ten to twenty years. Beyond prison, a burglary conviction can affect employment, housing, and immigration status. The firm works toward outcomes that address the immediate criminal charge and the long-term consequences. Because New Jersey abolished cash bail, the path from arrest to resolution depends heavily on the strength of the defense presented early. An experienced attorney can argue for a downgrade to a disorderly persons offense, which carries a maximum of six months in jail and a fine, or even to a municipal court trespass charge. The firm has handled thousands of criminal matters since 1997 and knows what is possible under New Jersey’s sentencing framework.
Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who brings insight into how the State builds its cases. He is admitted to practice in New Jersey, Virginia, Maryland, the District of Columbia, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Since founding the firm in 1997, he has concentrated his practice on criminal defense, including burglary and other indictable offenses. The firm’s Of Counsel attorneys bring extensive collective legal experience, and every matter is handled with an emphasis on thorough investigation and courtroom preparation. Mr. Sris and the firm’s Of Counsel attorneys have documented case results across all practice areas since 1997. Results may vary. The firm’s New Jersey location is at 44 Apple St, 1st Floor, Tinton Falls, NJ 07724, by appointment only.
Frequently Asked Questions About Burglary Charges in New Jersey
What should I do immediately after being arrested for burglary in New Jersey?
Invoke your right to remain silent and request an attorney right away. Do not explain your side of the story to law enforcement, no matter how persuasive the officers seem. Anything you say can be used against you, and the State’s case often rests on statements made during the initial investigation. Contact an experienced criminal defense attorney as soon as possible so that strategy can begin before your first court appearance. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
Can I get out of jail on bail?
New Jersey eliminated cash bail in 2017, so you cannot post money to be released. Instead, a judge will decide whether to detain you or release you with conditions based on a Public Safety Assessment. Your attorney can argue for release by presenting evidence of community ties, employment, and the weakness of the State’s case. Speak with counsel immediately to prepare for that hearing.
What is the difference between a burglary charge and a trespassing charge?
Burglary requires proof that you entered a structure with the intent to commit an offense inside, while trespassing only requires unauthorized entry. If the State cannot prove the intent element, the charge may be reduced to trespass, which is a disorderly persons offense with a much lower penalty. An attorney can evaluate whether the evidence supports the higher charge.
Will a burglary conviction stay on my record forever in New Jersey?
Possibly not — New Jersey allows expungement of certain criminal records after a waiting period. For indictable crimes like burglary, the waiting period is generally five years from the completion of your sentence. A successful expungement removes the arrest and conviction from public record, though there are exceptions. The firm can explain eligibility and assist with the petition.
What is Pre-Trial Intervention (PTI) and can it help me?
PTI is a diversion program for first-time indictable offenders that, if successfully completed, results in the charges being dismissed. You are supervised for one to three years and must comply with conditions such as community service, counseling, or restitution. The prosecutor and the court must consent to your admission. An attorney can present a strong application showing why you deserve this chance.
Do I really need a lawyer for a burglary charge in New Jersey?
Yes. The stakes are high — a conviction can lead to years in state prison, and self-representation is extremely risky. The criminal process is complex, with motions deadlines, discovery rules, and evidentiary standards that are difficult to navigate alone. An attorney can identify defenses, negotiate with the prosecutor, and protect your rights at every stage. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your case.
What defenses are available for a burglary charge?
Common defenses include lack of intent to commit an offense, lawful entry, mistaken identity, and insufficient evidence. If you had permission to enter the structure, or if the alleged intent was formed after you were already inside, a conviction may not stand. Each case is unique, and an experienced attorney will examine the facts to build the strong $1 available. For guidance on your specific situation, reach our firm at (888) 437-7747.
How does the court schedule my case, and when will I go to trial?
The timeline depends on the complexity of the case and the court’s calendar, but you have a right to a speedy trial. If you are detained, the State must indict you within 90 days. After indictment, motions and discovery can take several months. Your attorney can push for resolution or trial as appropriate. For a full statutory breakdown, see our comprehensive analysis at srislawyer.com.
To request a consultation about your burglary charge in New Jersey, call Law Offices Of SRIS, P.C. at (888) 437-7747. The firm’s New Jersey location is at 44 Apple St, 1st Floor, Tinton Falls, NJ 07724, by appointment only.
Attorney advertising. Prior results do not guarantee a similar outcome. Attorney responsible for this advertising: Mr. Sris. Case results depend on a variety of factors unique to each case. Results may vary.