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Burglary is a very serious crime in New Jersey. If you are convicted of a burglary charge, it can be up to a second-degree crime and come with a lifetime of consequences.
As is the case with most serious crimes, over the course of many years, an experienced law firm deals with many clients who have found themselves in the same situation someone charged with burglary is now in.
If you have been charged with burglary in New Jersey, contact Team Law today so we can discuss how to proceed with your defense.
Facing Burglary Charges And Have Questions? We Can Help, Tell Us What Happened.
New Jersey burglary statute
In New Jersey, the relevant statute (law) of the New Jersey Code of Criminal Justice is 2C:18-2.
This statute, last revised in 2009, defines burglary and its consequences as follows:
2C:18-2. Burglary. a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein or thereon he:
(1)Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter;
(2)Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so; or
(3)Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.
Penalties for burglary in New Jersey
The same statute sets forth penalties for burglary in New Jersey:
b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:
(1)Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or
(2)Is armed with or displays what appear to be explosives or a deadly weapon.
Otherwise burglary is a crime of the third degree. An act shall be deemed “in the course of committing” an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.
It is well worth noting that burglary in the second degree can come with a penalty of $150,000 in fines and 10 years in prison.
In any burglary charge, the burden of proof is squarely upon the prosecution to prove not only that the person accused committed the acts in issue, but that the act itself meets all of the elements of the definition of a burglary.
When working with a skilled and experienced legal team such as Team Law, we may be able to find factual inconsistencies between the actions of the defendant and the factors that need to be proven for a conviction.
Perhaps the defendant was in the premises with permission, or perhaps the defendant was in the structure without permission but did not possess the intent to commit a crime while there. There are also cases where the factual circumstance demonstrates that the accused was elsewhere at the time of the alleged burglary.
There may also be an opportunity to present character witnesses and present evidence as to the defendant’s lack of criminal background, all of which can affect sentencing even if a defendant is found guilty.
If you have been accused of burglary in New Jersey you need to act quickly to allow yourself as much time as possible to build a viable defense to the charges. Contact Team Law today and we will fight for your rights as an individual accused of a serious crime.
Absolutely. At times, video evidence in a burglary case has shown that the person who committed the offense is not the defendant. In many cases, properties in which a burglary has been committed have hidden video cameras. An experienced burglary defense law firm will understand this and all possible defenses to your burglary charge..
Perhaps not, if all of the facts in your assertion can be proven. This is precisely why a defendant should never fight a burglary charge without experienced legal representation.
Yes, it is the equivalent of a felony. In New Jersey, burglary can be graded up to a crime of the second degree, which falls firmly within what many jurisdictions call a felony. Burglary in New Jersey is a very serious crime and should never be minimized by someone facing a charge.
Team Law is outstanding. Everyone is courteous and knowledgeable and I felt that I got the personal attention that I needed.what our clients are saying
Criminal Defense Information Center