What Is Burglary | Definition and Overview
In Pennsylvania, burglary is defined under 18 Pa.C.S. § 3502 as entering a building or occupied structure with the intent to commit a crime inside. The prosecution does not need to prove that a theft or assault occurred—only that there was an unlawful entry and criminal intent.
In New Jersey, burglary is governed by N.J.S.A. 2C:18-2 and occurs when a person unlawfully enters a structure with the intent to commit an offense inside. Burglary can also include remaining unlawfully in a building after being told to leave.
Legal Process and Implications in Pennsylvania and New Jersey
Pennsylvania Burglary Charges
In Pennsylvania, burglary is classified as a felony, and penalties depend on whether the property was occupied and the type of structure involved:
- First-Degree Felony: Entering an occupied building with intent to commit a crime (up to 20 years in prison and $25,000 in fines).
- Second-Degree Felony: Entering an unoccupied structure with criminal intent (up to 10 years in prison and $25,000 in fines).
- Third-Degree Felony: Entering a building not adapted for overnight accommodation or not causing harm (up to 7 years in prison and $15,000 in fines).
The Court of Common Pleas in each Pennsylvania county (e.g., Philadelphia, Lehigh, Dauphin, and Bucks) oversees burglary prosecutions. The prosecution must prove both unlawful entry and intent to commit a separate crime. If intent cannot be proven, the charge may be reduced to criminal trespass.
New Jersey Burglary Charges (Updated October 2024)
On October 16, 2024, Governor Phil Murphy signed a bipartisan bill that reclassified certain home invasion burglaries as first-degree offenses. This marked a significant change to New Jersey’s burglary laws, which previously classified burglary as a second- or third-degree crime.
Under the updated statute (N.J.S.A. 2C:18-2), burglary is now categorized as follows:
- First-Degree Home Invasion Burglary: Applies when a person unlawfully enters a residence with intent to commit a crime while armed with a weapon or causing bodily injury. Penalties include 10 to 20 years in prison, fines up to $200,000, and mandatory compliance with the No Early Release Act (NERA), requiring offenders to serve 85% of their sentence before parole eligibility.
- Second-Degree Residential Burglary: Applies when someone unlawfully enters a residence to commit a crime such as theft but without the violent elements of a first-degree charge. Penalties include 5–10 years in prison, fines up to $150,000, and NERA applicability.
- Third-Degree Burglary: Covers unlawful entry into a structure without violence or weapon involvement. Penalties include 3–5 years in prison and fines up to $15,000.
These laws apply across all New Jersey counties, including Camden, Cumberland, and Atlantic, and significantly increase penalties for violent or weapon-related burglaries.
Types of Burglary Charges and Penalties
| Charge Type | Jurisdiction | Example / Circumstance | Potential Penalties |
|---|---|---|---|
| First-Degree Burglary (PA) | Pennsylvania | Entering an occupied home with intent to commit theft or assault | Up to 20 years in prison; fines up to $25,000 |
| Second-Degree Burglary (PA) | Pennsylvania | Breaking into a commercial or unoccupied property | Up to 10 years in prison; fines up to $25,000 |
| Third-Degree Burglary (PA) | Pennsylvania | Entering a structure not intended for overnight use | Up to 7 years in prison; fines up to $15,000 |
| First-Degree Home Invasion Burglary (NJ) | New Jersey | Entering a residence while armed or causing bodily injury | 10–20 years in prison; fines up to $200,000; subject to NERA (85% minimum sentence) |
| Second-Degree Residential Burglary (NJ) | New Jersey | Entering a residence to commit theft or other crime without violence | 5–10 years in prison; fines up to $150,000; subject to NERA |
| Third-Degree Burglary (NJ) | New Jersey | Unlawful entry without weapon or violence | 3–5 years in prison; fines up to $15,000 |
How Attorney Michael Kotik Handles Burglary Cases
Attorney Michael Kotik provides focused, strategic defense for clients facing burglary allegations in both Pennsylvania and New Jersey. His approach begins with a thorough investigation of the alleged incident and evidence, emphasizing the intent element—which is often the key to reducing or dismissing charges.
When handling burglary cases, Attorney Kotik:
- Examines the evidence to determine whether entry was truly unlawful or intentional.
- Challenges probable cause for arrest or search warrants.
- Negotiates strategically to reduce charges or pursue diversionary programs when available.
- Presents alternative explanations, such as mistaken identity or lack of criminal intent.
- Defends clients in hearings and trial with precision and passion.
His familiarity with county courts across Philadelphia, Lehigh, Northampton, Bucks, Camden, and Atlantic allows him to adapt his strategy based on local court procedures and prosecutorial tendencies.
Defenses Against Burglary Charges
Common defenses Attorney Kotik uses include:
- Lack of intent: The defendant did not intend to commit a crime inside the property.
- Consent or permission: The accused had lawful access to the premises.
- Mistaken identity: Eyewitness or surveillance evidence is unreliable.
- Unlawful search or seizure: Evidence was obtained in violation of constitutional rights.
Disclaimer
Each burglary case depends on specific facts, evidence, and the jurisdiction in which it is prosecuted. The information provided here is for general educational purposes and should not be taken as legal advice. Results vary depending on individual circumstances. For personalized legal counsel, contact Attorney Michael Kotik directly.
Contact Attorney Michael Kotik
If you have been charged with burglary in Pennsylvania or New Jersey, act quickly to protect your rights. Contact Attorney Michael Kotik for an experienced, aggressive defense.
Phone: (267) 265-4553
Email: michael.kotik@gmail.com
Office Locations: Serving Philadelphia, Bucks, Dauphin, Lehigh, Northampton, Camden, Cumberland, and Atlantic Counties
Attorney Michael Kotik is committed to defending your rights and reputation with power, precision, and passion—because your future deserves nothing less.