You may have heard the terms “burglary” and “theft” used interchangeably, and you may have even considered them the same type of offense. But you must understand that they may hold very different connotations within the state of New Jersey’s statutes. Follow along to find out whether burglary or theft is deemed a felony offense in the state of New Jersey and how a proficient Morristown criminal defense lawyer at Graves Andrews, LLC can help you avoid either of these charges.
Is burglary considered a felony in the state of New Jersey?
First things first, federal and New Jersey state law define burglary as an individual’s unlawful entry into a structure (i.e., someone else’s residence, business, facility, motor vehicle, etc). without permission and with the intent to commit a crime.
With that being said, burglary is considered a felony offense that may be graded as a third or second-degree crime. Essentially, a burglary charge may be upgraded from a third to a second-degree felony if it involves an individual’s acts of violence or threats of violence, along with being armed with a deadly weapon. Without further ado, the criminal penalties associated with a guilty burglary verdict read as follows:
- Burglary of the third degree:
- A possible prison sentence of anywhere between three to five years.
- A possible fine of $15,000.
- Burglary of the second degree:
- A possible prison sentence of anywhere between five to 10 years.
- A possible fine of $150,000.
Is theft considered a felony offense?
On the other hand, federal and New Jersey state law recognizes theft as an individual’s unlawful removal of property. More specifically, robbery is considered to be a form of theft in which an individual uses force, violence, or the threat of force or violence to remove property.
Sightly varying from burglary, a robbery offense may be graded as a second or first-degree felony. Robbery of the second degree is considered when an individual commits the following:
- An individual inflicts bodily injuries or uses force upon a victim.
- An individual threatens a victim or purposely puts them in fear of bodily injury.
- An individual commits or threatens to commit any crime in the first or second degree.
In turn, this may be upgraded to the first degree if an individual commits the following:
- An individual attempts to kill a victim.
- An individual inflicts or attempts to inflict bodily injuries upon a victim.
- An individual uses or threatens to use a deadly weapon.
With that considered, the criminal penalties associated with these degrees of felony read as follows:
- Robbery of the second degree:
- A possible prison sentence of anywhere between five to 10 years.
- A possible fine of $150,000.
- Robbery of the first degree:
- A possible prison sentence of anywhere between 10 to 20 years.
- A possible fine of $200,000.
At the end of the day, the best way to protect yourself against a burglary or theft allegation is to retain the services of a talented Morristown criminal defense lawyer. So please do not hesitate to contact Graves Andrews, LLC today.
