Burglary is a serious property and person-related offense in both Pennsylvania and New Jersey. Unlike a simple theft or trespass, burglary requires an unlawful entry (or remaining) into a building, structure, or specially secured area with the intent to commit a crime inside. The charge is largely based on the defendant’s intent at the moment of entry — the underlying crime does not have to be completed for burglary to apply.
Because burglary involves both entry and criminal intent, prosecutors often combine burglary charges with other offenses (theft, drug offenses, assault, weapons charges). Penalties vary significantly depending on factors such as whether the location was a residence, whether anyone was present at the time, whether a weapon was involved, and whether the intended crime involved controlled substances or serious bodily harm.
How Burglary Is Defined & Punished (PA vs NJ)
| Topic | Pennsylvania | New Jersey |
|---|---|---|
| Basic legal concept | Entry into a building or occupied structure (or separately secured portion) with the intent to commit a crime therein. An entry can be by force or by stealth — breaking is not required if intent is present. | Unlawfully entering or remaining in a structure, research facility, or a separately secured/occupied portion of a building with the purpose of committing an offense therein. The law covers a broad set of structures and circumstances. |
| Grading (how serious) | Generally felony of the first degree, except in narrower circumstances (e.g., some non-residential, unoccupied buildings) where burglary may be graded lower (second-degree felony). Penalty ranges reflect degree. | Burglary is graded according to the facts (second, third, fourth degree, etc.). Residential/home burglaries and burglaries causing serious harm are graded more severely; statutory reforms in recent sessions have further refined grading for dwelling/home invasion. |
| Typical penalties | First-degree felony burglary: up to 20 years imprisonment (and substantial fines). Second-degree felony burglary: lower maximum terms (commonly up to 10 years), fines also apply. Additional sentencing enhancements can apply depending on harm, victim types, or related felony charges. | Penalties depend on degree: second-degree burglary carries multiple years in prison and large fines; third- and fourth-degree offenses carry lower maximums (measured in years rather than decades). Recent legislative changes have created or modified higher grades for residential/home invasion scenarios. |
| Common aggravating factors | Occupied residence or presence of a person, use or possession of a weapon, infliction or attempted infliction of serious bodily injury, intent to steal controlled substances, or targeting protected classes (police, first responders). | Same categories: residential intrusion, weapon use, causing serious bodily injury, attacking protected personnel, or repeated/organized burglary activity — all can elevate grade and exposure. |
| Related charges often filed with burglary | Theft, criminal trespass, possession of burglary tools, drug offenses (if the intended crime involves controlled substances), assault, weapons offenses. | Theft, criminal mischief, weapons charges, drug offenses, or assault charges if the victim was injured during the incident. |
What Lawyer Michael Kotik Can Do
A burglary charge requires immediate, strategic attention. Lawyer Michael Kotik offers experienced, hands-on representation designed to protect your rights and explore every defense and mitigation path:
Early case assessment & evidence review — Examine arrest reports, bodycam, surveillance footage, witness statements, and police procedure to test whether the entry and the requisite criminal intent are supported.
Challenge the elements — Argue lack of intent to commit a crime at entry, lawful access or permission to be on the property, abandonment of the structure, or factual disputes about who actually entered.
Attack the prosecution’s proof — Question chain of custody for physical evidence, legality of search/seizure, or identification procedures (eyewitness reliability, show-ups, lineups).
Negotiate for reduction — Where appropriate, seek charge reductions (for example, burglary → criminal trespass or theft), diversion, or plea agreements that limit exposure to prison time.
Trial readiness — Prepare a full trial defense when necessary: impeach witnesses, present alibi or justification defenses, use expert testimony, and vigorously cross-examine prosecution witnesses.
Sentencing advocacy — If conviction is likely or unavoidable, present mitigating evidence, rehabilitation plans, employment and family ties, and alternative sentencing options to limit confinement or secure probation/rehabilitative terms.
Lawyer Michael Kotik handles burglary matters in both Pennsylvania and New Jersey courts, and he tailors defense strategy to local court practices and the specific county or municipal prosecutor handling the case.
Contact Lawyer Michael Kotik
If you are charged with burglary in Pennsylvania or New Jersey, act quickly: evidence is often time-sensitive and early representation preserves defenses.
Phone: 267-265-4553
Email: michael.kotik@gmail.com
Disclaimer
This page provides general information and is not legal advice. Burglary laws, grading, and penalties vary by state and may change. Outcomes depend on the specific facts and jurisdiction. Consult directly with Lawyer Michael Kotik (or another qualified criminal defense lawyer) for advice tailored to your situation.