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I have a burglary charge, will I do jail time

Piscataway, NJ |
Attorney answers 4


Probably not but you may want to consult with an attorney or apply for the public defender.

John Ducey


Burglary is defined under NJSA 2C:18-2 and is either a crime of the second or third degree depending on the circumstances surrounding the burglary. This is a serious charge that carries with anywhere from a 3 to 5 year prison sentence or up to a 5 to 10 year prison time with fines ranging from 15,000.00 for third degree conviction up to 150,000.00 for second degree conviction.

Here is the burglary statute:

What you need is IMMEDIATE legal representation by a criminal defense attorney who is familiar with Title 2C of the NJ Statutes, Rules 3 and 7 of the Rules of Court, the rules of discovery and how to formulate a defense based on the surrounding facts and circumstances.

My contact information is in my profile should you wish to discuss this issue further. Best of luck to you and hope this has been helpful.

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Mr. Baranowski is substantially correct.



It depends on a lot of things, not just your lack of criminal record. Mr. Baranowski is correct on his citation to the statute and the possible sentencing. If you plead guilty or are found guilty at trial of 2nd degree burglary, then you will very likely go to prison. If you plead or are found guilty of 3rd degree burglary then you may go to jail or prison, but if you have no criminal record then there is a presumption that you will not serve jail time (however, it's still very possible).

But there are several other options, including pleading to a lower offense that does not include any jail time, or entering into a diversionary program. It may also be in your best interests to go to trial and fight the charge, depending on many factors.

You will absolutely need an attorney as this is a serious felony. I would be happy to discuss this matter with you during a 100% free consultation either on the phone or in my office. Please call me if you are interested.

Dan Levy

This posting is just general legal INFORMATION and not legal ADVICE. Only your attorney can provide legal advice. If you would like actual advice about your particular case, please contact me for a consultation.