Experienced NJ Burglary Lawyers
- Have you stolen something from an unlocked car or truck?
- Have you broken into house and stolen items within the house?
- Have you taken money out of the cash register of a retail establishment when unattended?
- Have you picked someone's pocket?
These and numerous other acts can support a criminal charge of burglary against you in New Jersey. If you have been charged with burglary in New Jersey, contact the criminal defense attorneys at Villani & DeLuca, P.C. today.
Burglary is a serious criminal charge. You need an experienced criminal defense lawyer by your side. Penalties for a burglary conviction can be severe, depending on whether you are convicted of a second or third degree offense.
It is possible to raise effective legal defenses to burglary, and the related charge of criminal mischief. The experienced criminal defense attorneys at Villani & DeLuca, P.C. will look at the facts and circumstances surrounding your case, and determine the best way to move forward. The criminal defense attorneys of Villani & DeLuca, P.C. may be able to help you avoid time in jail or prison, and help reduce or eliminate fines and other penalties.
Each case of burglary has its own attendant facts and circumstances. Call the criminal defense attorneys at Villani & DeLuca, P.C. today to discuss your case. Don't play games with your future. For example, if you are either employed or intend on becoming employed as a teacher or employee of a public school system in regular contact with pupils, a conviction for burglary will result in your inability to obtain or retain employment as this charge is a “disqualifying” offense barring an individual from employment within a public school system. (New Jersey Statute 18A:6-7.1).
Client Testimonial
"The staff is great, professional, responsive and always super helpful. Mr. Carmine is great at his job. Even through a pandemic things were hassle free. He kept everything super simple and stress free. Even when I had questions and just emailed him and he literally responded back immediately. I would recommend to anyone that needs a lawyer. He is the BEST." anyone that needs a lawyer. He is the BEST," – Jayson Le
"Professional, and got my issue resolved in a minimal amount of time.Thank you" – Julie Sindel
"Carmine is a great lawyer and my case was resolved in a minimal amount of time. Even during a pandemic, he responded quickly to any questions and concerns I had. I highly recommend him and his firm. Thank you so much Carmine!" – Karina Testa
Frequently Asked Questions
1. What is the legal definition of receiving stolen property?
Under New Jersey law (N.J.S.A. 2C:20-7), a person is guilty of receiving stolen property if they knowingly acquire or bring into the state movable property that they know—or have reason to believe—is stolen. As of 2026, the law includes "permissive inferences," meaning a judge or jury may presume you knew an item was stolen if you are found with two or more stolen items on different occasions or if you purchased property at a price significantly below its fair market value without a reasonable explanation.
2. How is the severity of a theft charge determined?
In New Jersey, theft offenses are "graded" primarily based on the monetary value of the property involved.
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Disorderly Persons Offense: Value under $200.
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Fourth-Degree Crime: Value between $200 and $500.
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Third-Degree Crime: Value between $500 and $75,000.
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Second-Degree Crime: Value over $75,000. It is important to note that certain items, such as firearms, motor vehicles, or controlled substances, may be automatically graded as third-degree crimes regardless of their cash value. In early 2026, the New Jersey legislature also introduced updated aggregation rules, allowing prosecutors to combine the value of stolen goods from multiple related incidents into one higher-degree charge.
3. Can I be charged with receiving stolen property if I didn't know it was stolen?
The state must prove that you had "knowledge" or a "belief" that the property was probably stolen. If you genuinely and reasonably believed the item was yours or that the seller had a legal right to sell it, you may have a strong defense. In 2026, defense strategies often involve "Honest Claim of Right" arguments. A criminal defense lawyer can help gather evidence—such as communication logs or receipts—to demonstrate your lack of criminal intent.
4. What are the potential prison sentences for theft convictions?
Penalties depend on the degree of the crime:
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2nd Degree: 5 to 10 years in prison (often carries a presumption of incarceration).
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3rd Degree: 3 to 5 years in prison.
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4th Degree: Up to 18 months in prison.
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Disorderly Persons: Up to 6 months in county jail. As of 2026, repeat offenders for receiving stolen property may be subject to "persistent offender" status, which allows prosecutors to seek extended terms of imprisonment beyond the standard ranges listed above.
5. What should I do if the police find stolen goods in my possession?
If you are found in possession of property that police claim is stolen, do not attempt to "explain it away" on the spot. Your statements can be used to establish the "guilty knowledge" the state needs for a conviction. Instead, exercise your right to remain silent and contact a theft defense attorney immediately. In 2026, law enforcement frequently uses digital tracking and serial number databases; an attorney can help verify the chain of custody and determine if the items were recovered through an unlawful search and seizure.
Call An Experienced NJ Burglary Lawyer
Contact one of our criminal defense attorneys or call our criminal defense law firm for a free consultation at (732) 709-7757. Let's discuss your burglary charge. Take action to avoid or minimize the impact of a burglary conviction on your life. We represent clients throughout Ocean and Monmouth County New Jersey.