Inside the Break-In Allegation: How a North Jersey Burglary Lawyer Challenges 'Intent to Commit a Crime'
Being accused of burglary in New Jersey is terrifying. One moment you're dealing with a landlord, a neighbor, or a store manager; the next, you're facing a felony complaint that talks about "breaking and entering," "structures," and "intent to commit an offense." Suddenly, you're worried about prison, a permanent record, and whether you'll even be allowed back home. In that moment, you need a North Jersey burglary lawyer who actually tries serious cases in our local courts and can guide you through what comes next.
Attorney Anthony R. Gualano is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney and has more than 35 years of experience in criminal defense. He has handled serious burglary, theft, robbery, and violent crime charges in Hudson County and courts throughout North Jersey. When you hire a burglary defense attorney in Jersey City, NJ, you work directly with Mr. Gualano: he reviews the discovery himself, explains your options in plain language, and stands beside you at every critical hearing.
This page is meant to give you a clear overview of New Jersey's burglary laws, the penalties you may be facing, and how Mr. Gualano approaches these cases. It's general information, not legal advice. To get advice on your specific situation, contact North Jersey burglary lawyer Anthony Gualano today for a risk free consultation regarding your charges.
How New Jersey Defines Burglary
New Jersey's burglary statute is N.J.S.A. 2C:18-2. Under this law, a person is guilty of burglary if, with the purpose to commit an offense therein or thereon, they:
- Enter a research facility or structure, or a separately secured or occupied portion of it, unless it was open to the public at the time or they were licensed or privileged to enter
- Surreptitiously remain in such a place knowing they are not licensed or privileged to do so
- Trespass on utility company property where there is clear notice prohibiting trespass (such as fencing, posting, or other enclosure)
The "structure" in a burglary case can be a home, apartment, garage, store, office, or other building, not just a house at night, as in old common-law definitions. What matters is:
- You were somewhere you were not allowed to be, and
- You were there with the purpose of committing an offense (which can be theft, assault, criminal mischief, or another crime).
A key point: the State does not have to prove that you actually completed the other offense inside. Under New Jersey law, it is enough if they claim you entered or stayed there with that criminal purpose.
A burglary defense attorney in Jersey City, NJ, like Anthony R. Gualano, will focus on whether the State can truly prove both the unauthorized entry/remaining and that specific criminal intent.
Third-Degree vs. Second-Degree Burglary
Burglary is not all graded the same. Under N.J.S.A. 2C:18-2(b), burglary is usually a third-degree crime, but it becomes a second-degree crime if, in the course of committing the offense, the accused:
- Purposely, knowingly, or recklessly inflicts, attempts to inflict, or threatens to inflict bodily injury on anyone
- Is armed with or displays what appear to be explosives or a deadly weapon
"In the course of committing" includes attempts and immediate flight after the attempt or commission, so conduct during escape can also affect the grading.
Sentencing Exposure
New Jersey's general sentencing ranges for indictable offenses include:
- Second-degree: 5-10 years in state prison, and fines up to $150,000
- Third-degree: 3-5 years in prison, and fines up to $15,000
Because burglary is often treated as a serious, sometimes violent, property offense, judges also consider aggravating and mitigating factors such as prior record, vulnerability of any victims, and the risk of re-offense at sentencing.
On top of that, New Jersey's No Early Release Act (NERA) may apply to certain second-degree burglaries involving actual or attempted violence, requiring the defendant to serve 85% of the sentence before being eligible for parole. This makes second-degree burglary one of the more serious charges to face. A North Jersey burglary lawyer must be familiar with these sentencing rules and how prosecutors in Hudson County and nearby counties apply them in practice.
How Burglary Differs from Criminal Trespass and Theft
People are often surprised to be charged with burglary, especially when they thought it was just "trespassing" or "sneaking into a building." Under N.J.S.A. 2C:18-3, criminal trespass involves entering or remaining in a structure without permission, but without the added requirement that you intended to commit another crime inside.
Likewise, theft under N.J.S.A. 2C:20 focuses on unlawfully taking or exercising control over someone else's property. Burglary combines these ideas:
- You were somewhere you weren't allowed to be, and
- You allegedly had purpose to commit an offense inside or on that property.
A burglary defense attorney in Jersey City, NJ, will often argue that the State has, at most, proved a trespass or low-level theft and that they cannot meet their burden on the burglary-specific intent element. This distinction can mean the difference between years in state prison and a far more manageable municipal or lower-degree outcome.
Real-World Burglary Allegations in North Jersey
In practice, burglary charges in Hudson County and surrounding areas often arise from:
- Residential entries: Going into a house or apartment, or even an attached garage or basement, without permission.
- Closed businesses or offices: Entering after hours when the premises are not open to the public.
- Utility or restricted areas: Being on fenced-off or clearly posted utility company property.
- Remaining after closing: Surreptitiously staying inside a store, building, or facility after closing with alleged plans to steal or damage property.
Sometimes the State stacks burglary with:
- Theft or attempted theft
- Criminal mischief (property damage)
- Weapons charges or assault
When that happens, you're not just fighting one case; you're fighting a package of charges that can dramatically increase your sentencing exposure. This is why having a North Jersey burglary lawyer who has actually tried serious, multi-count indictments matters.
Pretrial Detention and Bail Reform Concerns
New Jersey’s bail reform system uses a risk-based approach. For first-degree charges and many violent second-degree offenses, including certain NERA-qualifying burglaries, judges generally issue arrest warrants rather than summonses, and prosecutors frequently file pretrial detention motions. Whether detention is granted depends on a risk assessment and the court’s evaluation under the Criminal Justice Reform Act.
In a second-degree burglary case, a North Jersey property crime lawyer may have to:
- Prepare for a detention hearing early on
- Present evidence of community ties, employment, lack of violence, and strong supervision options
- Argue that conditions of release can reasonably protect the public and ensure you return to court
How your lawyer handles those first days can affect whether you wait for trial at home with your family or in county jail.
Defense Strategies in Burglary Cases
There is no one-size-fits-all strategy for burglary charges. As a North Jersey burglary lawyer with decades of trial experience, Anthony R. Gualano builds a defense around your facts, your history, and your goals. Key issues often include:
Identity and Proof You Were There
- Are eyewitness identifications reliable?
- Does the surveillance video clearly show you, or just a general build or clothing?
- Could another person have used your car, phone, or clothing?
Challenging identity is especially important in cases built on late-night sightings or low-quality video.
License or Privilege to Enter
Under the statute, there is no burglary if the structure was open to the public or you were licensed or privileged to enter. A burglary defense attorney in Jersey City, NJ might show:
- You were invited into the home or building previously
- You were a tenant, employee, or family member with ongoing access
- Any "no trespassing" instructions were unclear or never communicated
Purpose to Commit an Offense
The State must prove you entered or remained with purpose to commit an offense inside, not just that something bad later happened there. This can be contested by:
- Highlighting innocent or alternative reasons for being there
- Showing that any alleged theft or damage was an after-the-fact misunderstanding or civil dispute
- Undermining the credibility of witnesses who claim you "planned" a crime
A North Jersey burglary lawyer will use discovery, such as texts, calls, location data, witness statements, to test the State's story against your reality.
Level of Force, Injury, and Weapons
If the State claims second-degree burglary because of injury, threats, or weapons, the details matter:
- Were injuries minor, accidental, or caused by another person?
- Was the object truly a "deadly weapon," or is the State stretching that label?
- Did anyone actually feel threatened, or is the allegation exaggerated after the fact?
By poking holes in these assertions, a burglary defense attorney in Jersey City, NJ, may be able to push the case back into third-degree territory or negotiate a more reasonable resolution.
Constitutional Issues
Burglary investigations often involve searches of homes, vehicles, phones, and digital accounts. Mr. Gualano examines whether:
- Police had probable cause to obtain warrants
- Searches stayed within the scope of those warrants
- Statements were taken after you requested a lawyer or asserted your right to remain silent
If your constitutional rights were violated, key evidence can sometimes be suppressed, dramatically weakening the prosecution's case.
How Attorney Anthony R. Gualano Handles Burglary Cases
Burglary charges are personal. They suggest you were in someone else's space, often their home or business, without permission. That can inflame judges, prosecutors, and alleged victims. You need a North Jersey burglary lawyer who brings calm, skill, and strategy to the situation.
When you retain Anthony R. Gualano:
- You work with him directly. He does not run a high-volume plea mill. He takes a focused caseload so he can truly dig into your case.
- He explains everything in plain language. You will understand the statute, the degree of your charge, potential sentencing exposure, and realistic options.
- He is trial-tested. With more than 35 years of serious criminal trial work (including homicides, violent crimes, and major felonies), he prepares every burglary case as one that might go to trial, even if a negotiated outcome ultimately makes sense.
- He sees the whole picture. Because of his experience in criminal, civil, and family matters, he understands how a burglary allegation can impact your job, immigration status, family court issues, and reputation. He structures your defense with those ripple effects in mind.
When you hire a burglary defense attorney in Jersey City, NJ, like Mr. Gualano, you're not just hiring someone to stand next to you in court. You're getting a partner who treats your case with the seriousness you feel.
What to Do If You've Been Charged with Burglary in North Jersey
If you've recently been arrested or learned that a burglary complaint or indictment has been filed, consider these steps:
- Do not explain your side to the police or the alleged victims. Politely assert your right to remain silent and your right to an attorney.
- Avoid talking about the case on text or social media. Messages and posts can be taken out of context and used as evidence.
- Keep all paperwork and notices. Save complaints, summonses, release documents, and contact info for potential witnesses.
- Write down what happened while your memory is fresh. Share this only with your lawyer, not friends or family.
- Follow any court orders. If you're told to stay away from certain people or places, comply fully to avoid new charges.
- Contact a North Jersey burglary lawyer as soon as possible. Early involvement allows a burglary defense attorney in Jersey City, NJ, like Anthony R. Gualano, to protect your rights at detention hearings, preserve favorable evidence, and begin building a strategic defense from day one.
A burglary charge is not the same as a conviction, and it does not have to define the rest of your life. If you or someone you love is facing burglary or related charges in Hudson County or anywhere in North Jersey, consider reaching out to the Law Office of Anthony R. Gualano. An experienced North Jersey burglary lawyer and seasoned burglary defense attorney in Jersey City, NJ, can help you move from fear and confusion toward a clear, realistic plan to protect your rights, your record, and your future.
The Critical Next Step: Contact a Knowledgeable North Jersey Burglary Lawyer for a Risk Free Consultation
Don't face these serious charges alone. If you are facing burglary or related offenses in Hudson County, Jersey City, or throughout North Jersey, the time to act is now. Contact the Law Office of Anthony R. Gualano today for a confidential, no-obligation consultation. Let an experienced North Jersey burglary lawyer who is certified as a Criminal Trial Attorney provide the clear guidance and aggressive defense strategy you need to protect your future.