Breaking and Entering & Burglary Defense Attorneys in New York & New Jersey
Accused of Breaking and Entering? Protect Your Future.
Breaking and entering is often confused with burglary, but the distinction depends on state law. In both New York and New Jersey, unlawfully entering a building — even without force — can result in criminal charges. A conviction may lead to jail or prison time, fines, probation, and a permanent criminal record, regardless of whether any property was stolen or damaged.
Breaking and Entering vs. Burglary
- New York: The law does not specifically use the term “breaking and entering.” Instead, entering or remaining unlawfully in a building with intent to commit a crime is prosecuted as burglary. Force — such as breaking a window or lock — is not required for a conviction.
- New Jersey: Similar conduct may be charged under burglary or related statutes, depending on the circumstances, intent, and whether additional crimes were committed inside the property.
Misdemeanor vs. Felony Consequences
- Misdemeanor-Level Offense: If no property was stolen and no additional crimes occurred, charges may remain at the misdemeanor level. Penalties can include less than a year in jail, fines, probation, or community service.
- Felony Burglary: If theft, damage, or other crimes occurred inside, the offense may escalate to a felony charge. Felonies carry harsher penalties, including lengthy prison sentences and more severe long-term consequences.
Why These Charges Are Serious
Even when nothing is taken, prosecutors pursue breaking and entering or burglary cases aggressively. These offenses are viewed as threats to personal safety and property rights, making courts less likely to show leniency without strong legal representation.
A skilled defense attorney in New York or New Jersey can analyze the facts of your case, challenge the prosecution’s evidence, and work toward reducing or dismissing the charges.
