Burglary is generally the unlawful entry of a building or structure to commit a felony criminal offense (crime), theft, or assault. The definition of burglary varies from state to state (and in the federal system), and some states have different degrees of severity of the burglary offense—depending on the nature of the unlawful entry (type of building or structure), the intended purpose, and the illegal action taken by the defendant once inside the building or structure. In some states, breaking into an automobile, a coin-operated machine, or an ATM (automated teller machine) with the intent to commit a theft may also constitute the crime of burglary.

In New Jersey, burglary is defined under N.J.S.A. 2C:18-2. A person is guilty of burglary if they enter or surreptitiously remain in a structure, or a separately secured or occupied portion thereof, with the purpose to commit an offense therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. The offense is typically a crime of the second degree if the perpetrator purposely, knowingly, or recklessly inflicts, attempts to inflict, or threatens to inflict bodily injury on anyone, or if he is armed with or displays what appear to be explosives or a deadly weapon. Otherwise, burglary is considered a crime of the third degree. New Jersey law does not specifically categorize burglary by degrees of severity based on the type of structure entered, but the intended purpose and the actions taken by the defendant once inside are crucial in determining the degree of the crime. The state does not categorize the unlawful entry into an automobile or similar structures as burglary, but such acts may fall under other criminal statutes such as theft or criminal mischief.