There are a number of different larceny offenses that someone may be charged with in New Jersey, and unfortunately, many are unaware of the differences between these crimes. As such, despite having very different definitions and penalties, many people use burglary and robbery interchangeably. However, understanding the differences between these two crimes is critical to crafting a defense and familiarizing yourself with the penalties you can face if charged. Read on to learn more about the difference between robbery and burglary in New Jersey and what to do if you are facing charges.
What Constitutes Burglary Under New Jersey Law?
In New Jersey, a burglary offense is generally warranted when someone enters or remains in a structure and has the intent to commit a crime. As such, burglary is not inherently a larceny offense, as it does not require theft. At its core, burglary is an unlawful entry tied to an intent offense.
Legal Definition of Burglary in New Jersey
Under N.J.S.A 2C:18-2, an individual may be convicted of burglary in the event they enter or remain in a structure or research facility without permission and with the intent to commit a crime while inside the property. Elements that the prosecution will consider include:
- Whether or not the place was open to the public
- If the person was licensed or privileged to enter
- If there was an intent to commit a criminal offense while inside the structure
What “Structure” Means for an NJ Burglary Offense
It’s important to understand that a burglary offense does exclusively refer to entering a private residence or home without permission. Under NJ law, “structure” can mean:
- A house, condominium, apartment, or dormitory
- A business, office building, or warehouse
- A secured room within a building
- A vehicle adapted for sleeping or business purposes (like an RV or food truck)
- Research facilities, as explicitly included in the statute
- Tents, trailers, or other temporary dwellings
For example, burglary may occur in a business in Woodbury or Glassboro if someone enters a retail space after hours, regardless of whether or not property was taken.
Burglary Penalties in New Jersey
The penalties you can face for a burglary offense in New Jersey will depend on the degree you have been charged with and the presence of aggravating factors.
Typical Burglary Consequences in New Jersey
- Potential for time spent in state prison
- Hefty fines
- Probation conditions
- Victim restitution
- A permanent mark on your criminal record
When Burglary Can Be Enhanced
A burglary offense may be elevated to aggravated burglary when there is an increased risk of harm, including:
- Threatening or inflicting physical harm during the burglary
- Being or appearing armed with a deadly weapon or explosive
- Entering an occupied dwelling or otherwise putting people at risk
What Counts as Robbery Under New Jersey Law?
Robbery is different from burglary in terms of severity. This is because robbery is a theft offense that involves a person. As such, these are aggressively prosecuted theft offenses under New Jersey law, as these are often considered violent crimes.
Legal Definition of Robbery in New Jersey
Under N.J.S.A 2C:15-1, robbery is defined as doing any of the following in the course of committing a theft crime:
- Inflicting bodily injury upon another person
- Using force
- Threatening bodily injury upon another person
- Threatening to commit either a first or second-degree crime
Robbery vs. Theft in New Jersey: How Force Changes the Charges
It’s important to understand that, while you may not have intended to commit robbery, you may do so during the commission of a theft crime if any of the following occur:
- Pushing a store employee
- Grabbing property directly from a person
- Creating fear of immediate harm
- Verbally threatening someone to hand over property
It’s also important to understand that robbery does not only include your actions during the actual theft, but can be extended to cover actions during “immediate flight” after the theft attempt.
For example, if you have already stolen property from a Franklin convenience store, but you push a customer in the parking lot while trying to escape, you can still be charged with robbery.
Robbery Penalties in New Jersey
Under New Jersey law, the penalties you can face for a robbery conviction will depend on the degree you have been charged with.
First-Degree Robbery
You may go to prison for anywhere between 10 and 20 years, and you may also have to pay up to $200,000 in fines.
Robbery generally is elevated to the first degree when the defendant:
- Attempts to kill someone
- Purposely inflicts or attempts to inflict serious bodily harm
- Is armed with or uses a deadly weapon during the crime
Second-Degree Robbery
You may go to prison for anywhere between 5-10 years, and you may also have to pay a fine of up to $150,000.
Burglary vs. Robbery: At a Glance
As you can see, these charges, those often used interchangeably, are very different. It’s important to keep in mind that:
- Burglary occurs when someone unlawfully enters or remains in a structure
- Burglary does not require theft
- Robbery occurs when force is used to steal
- Robbery does not require entry
What to Do if You’re Charged With Burglary or Robbery in New Jersey
In the event you are charged with either of these offenses, it’s necessary to understand that how you proceed in the immediate aftermath will have a significant impact on the outcome of your case. As such, you should:
- Refrain from providing statements to the police without first consulting legal counsel
- Avoid trying to provide an explanation
- Preserve evidence that can establish lawful presence or lack of intent
- Contact an experienced criminal defense attorney
Contact Our Gloucester County Criminal Defense Attorneys
The dedicated and compassionate attorneys at Vigilante Law Firm, P.C. would be happy to provide you with assistance in your case and help you protect your future when so much is on the line. Contact us today to schedule a consultation so we can assess the specific circumstances surrounding your lawsuit.
