Heroin use is often associated with burglary and other theft-related offenses. The addiction fueled by heroin is so intense that it is beyond comprehension for most non-users. As such, users will often go through extraordinary and otherwise uncharacteristic lengths to fund the habit. New Jersey state and local police will agree that it is partially for this reason that burglaries are on the rise throughout the state. Burglary is serious indictable offense under NJ law. Unlike other theft-related offenses, the crime of burglary pertains more to the invasiveness of the act than the actual existence of a theft of property. New Jersey places such importance on the prosecution of burglary that New Jersey legislators, in furtherance of anti-crime measures, have deemed burglary a Graves Act offense if a firearm was involved during the commission of the burglary or immediately after. A defendant who has been convicted under the Graves Act is subject to mandatory incarceration with no parole eligibility. Additionally, the No Early Release Act (“NERA”) applies to violent crimes that include second degree burglary convictions. Under the NERA a defendant must serve 85% of the remaining sentence before being eligible for parole or early release. Furthermore, as documented in this article from the Asbury Park Press, state and local police are monitoring pawn shops and scrap metal dealers in order to trace stolen items connected to the heroin trade.
New Jersey Burglary Lawyer
Please refer to the following chart to understand the difference between second degree and third degree burglary offenses. For New Jersey’s burglary statute, click here
| Third Degree | Enters a building with intent to commit a crime inside | 3 – 5 years in prison |
| Second Degree | Someone is injured during burglary or armed defendant | 5 – 10 years in prison; presumption of mandatory incarceration |
If you or your loved one is facing burglary related offenses, heroin offenses – or both, then contact an experienced and aggressive criminal offense attorney you can trust. We assist clients facing these charges throughout New Jersey including Hudson County, Monmouth, County, Middlesex County, Ocean County, and Union County. You can reach us at (732) 494-7900 24/7 for a free consultation.