- posted: Nov. 10, 2025
Traditionally, burglary was defined as a crime that occurred when a defendant broke into a property intending to commit a felony. However, stories of home invasions where residents were injured or threatened with weapons compelled legislators to draw a legal distinction between these cases and situations where someone illegally entered someone else’s premises without using force or intimidation against individuals.
Now, state law has separate classifications for home invasion burglary and residential burglary. Moreover, legislation passed in 2024 has raised both the grading and the consequences for offenders who target occupied dwellings.
Home invasion burglary is now an indictable crime of the first degree, which means that a conviction can result in a prison term of between 10 and 20 years. This charge can be brought when a defendant in the course of a burglary threatens, attempts or inflicts injury on someone inside the home, or when the defendant is armed, or appears to be armed, with a deadly weapon.
Residential burglary involves entering a home to commit an offense, without the aggravating circumstances of bodily injury or a deadly weapon. Under the new law, residential burglary is a second-degree crime punishable by five to 10 years in state prison and a maximum $150,000 fine.
All burglary charges hinge on the defendant’s state of mind. For a conviction, it must be proven beyond a reasonable doubt that the defendant unlawfully entered the property with purpose to commit an offense. The underlying offense in these cases is often theft, but other types of crimes can also trigger a burglary prosecution as well.
The increased penalties for home invasion and residential burglary makes it more important than ever to retain a strong criminal defense attorney if you have been accused of these crimes. A skillful legal advocate might be able to challenge whether the necessary intent existed to support a burglary conviction. Through an exhaustive investigation, other defenses might emerge as well, such as mistaken identity or the fact that the defendant was somewhere else at the time.
The Law Offices of Eric B. Morrell in New Brunswick provides exceptional representation to New Jersey clients accused of burglary and other criminal offenses. For a free consultation about your legal rights, please call 908-768-3837 or contact me online.
- posted: Nov. 10, 2025
Traditionally, burglary was defined as a crime that occurred when a defendant broke into a property intending to commit a felony. However, stories of home invasions where residents were injured or threatened with weapons compelled legislators to draw a legal distinction between these cases and situations where someone illegally entered someone else’s premises without using force or intimidation against individuals.
Now, state law has separate classifications for home invasion burglary and residential burglary. Moreover, legislation passed in 2024 has raised both the grading and the consequences for offenders who target occupied dwellings.
Home invasion burglary is now an indictable crime of the first degree, which means that a conviction can result in a prison term of between 10 and 20 years. This charge can be brought when a defendant in the course of a burglary threatens, attempts or inflicts injury on someone inside the home, or when the defendant is armed, or appears to be armed, with a deadly weapon.
Residential burglary involves entering a home to commit an offense, without the aggravating circumstances of bodily injury or a deadly weapon. Under the new law, residential burglary is a second-degree crime punishable by five to 10 years in state prison and a maximum $150,000 fine.
All burglary charges hinge on the defendant’s state of mind. For a conviction, it must be proven beyond a reasonable doubt that the defendant unlawfully entered the property with purpose to commit an offense. The underlying offense in these cases is often theft, but other types of crimes can also trigger a burglary prosecution as well.
The increased penalties for home invasion and residential burglary makes it more important than ever to retain a strong criminal defense attorney if you have been accused of these crimes. A skillful legal advocate might be able to challenge whether the necessary intent existed to support a burglary conviction. Through an exhaustive investigation, other defenses might emerge as well, such as mistaken identity or the fact that the defendant was somewhere else at the time.
The Law Offices of Eric B. Morrell in New Brunswick provides exceptional representation to New Jersey clients accused of burglary and other criminal offenses. For a free consultation about your legal rights, please call 908-768-3837 or contact me online.
