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NJ Burglary, Home Invasion Gets Tougher Penalties. Will it deter crime?

Online Niel October 29, 2024

Gov. Phil Murphy signed a bipartisan bill on Oct. 18, which establishes two new burglary classifications, increased penalties for home invasion and residential burglary to address growing security concerns in New Jersey neighborhoods.

Home invasion now qualifies as a first-degree felony, punishable by 10 to 20 years in prison and/or fines of up to $200,000. Burglary, a second-degree felony, is punishable by five to 10 years in prison and fines of up to $150,000. Both crimes fall under New Jersey’s “No Parole Law,” which requires 85 percent of sentences to be served before parole eligibility.

“The safety and well-being of New Jersey residents is our administration’s highest priority,” Murphy said. “Today’s bipartisan legislation ensures that the penalties for burglary and home invasion reflect the seriousness of these crimes and deter people from breaking into a home.”

The legislation drew support from New Jersey’s law enforcement community, local leaders and legislators, passing the Senate 36-1 and unanimously in the Assembly. The bill’s sponsors include Senators Anthony Bucco, Brian Stack and Vin Gopal, along with Assemblymen Sterley Stanley, Robert Karabinchak and Alexander “Avi” Schnall.

“Our home is our sanctuary,” said Attorney General Matthew J. Platkin. “With the serious consequences established by this new law, Governor Murphy and the Legislature are taking another step in the effort to secure our homes and provide greater peace of mind to all New Jersey residents.”

Home invasion burglary involves entering a home to commit a crime, with the perpetrators either causing bodily harm or carrying a deadly weapon. Residential burglary applies when someone illegally enters a dwelling with criminal intent. Those convicted may be denied professional licenses by the Consumer Division of the Department of Law and Public Safety.

Law enforcement officials, including New Jersey State Police Superintendent Col. Patrick J. Callahan, believe the increased penalties send a strong message to would-be criminals. “This new law … is a strong step toward keeping New Jersey residents safe,” Callahan said. “By increasing the penalties for these serious crimes, we are sending a clear message to criminals that we will not tolerate such reckless acts that violate the sanctity of our homes.”

The impact of tougher penalties for home invasion and burglary

Despite the show of support, some experts expressed skepticism. Thomas A. Shea, a Seton Hall professor and security policy expert, questioned the law’s potential to deter crime, suggesting that “the only thing that deters criminals is the fear of being caught, not the fear of punishment.” Shea pointed out that while he’s glad there will be stronger legislation, most criminals are often unaware of the specifics of sentencing laws, making it less likely that harsher sentences will deter criminal activity.

He noted a disturbing trend of “groups of young people” switching from car thefts to home burglaries, adding: “It’s only a matter of time before one of these incidents turns deadly.”

“There’s going to be an outcry if that happens, and they’re probably anticipating that, so they’re passing stricter laws,” he said. “It won’t necessarily stop them from happening.”

Todd Clear, a professor at Rutgers School of Law, expressed concern about the impact of increased sentences on New Jersey’s wide racial disparities in incarceration rates, calling the timing of the law “ironic” given the state’s recent work on justice reform criminal. “Nothing in the evidence suggests that tougher penalties will reduce crime,” he said.

Clear pointed out that punitive laws often fail to reduce crime in the long term and disproportionately affect young offenders and communities of color, saying: “Often juveniles who commit crimes at the age of 13 or 14 have no alternative options and end up face long prison sentences that we would later regret.” Clear added that New Jersey’s crime rates are down, in part due to post-Covid stabilization. “Juvenile sentencing in this way reflects the strict sentencing mistakes of the 1980s that many lawmakers now regret.”

Clear noted that crime rates nationally and in New Jersey are already down.

“The legislation is inconsistent with the current administration’s strong position on racial justice,” he added, noting that such strict sentencing policies could inadvertently widen racial disparities in the state’s prison system.

“You can’t argue with legislation like this during an election year,” Clear said. “The fact that this particular governor, this particular legislature is going to pass it this particular year — nothing about that suggests that it’s consistent with the agenda that they’ve publicly advocated.”

Still, for residents like Manjit “Goldy” Batra, whose home in Edison was broken into last year, the law offers some peace of mind. “Committing to tougher penalties for these crimes ensures,” Batra said, “that our voices are heard.”