Burglary Attorney Ocean County NJ
Burglary Charges in Toms River | Middlesex County NJ Burglary Penalties
“What are the consequences for burglary charges in New Jersey?”
Burglary is a very serious charge in New Jersey. As an indictable offense, it exposes a defendant to 3-5 years in prison and fines of up to $15,000 if 3rd degree and up to 10 years and $150,000 is second degree.
Burglary charges occur in New Jersey as a result of intending to commit a crime after unlawfully breaking into and entering a private residence or other structure. In fact, burglary may be and often is accompanied by other charges such as theft, robbery, simple assault, stalking, aggravated assault, criminal mischief, juvenile burglary, and domestic violence.
If you or your loved one is facing a burglary charge in Monmouth, Ocean, or Middlesex County, then understand that you are facing serious consequences. It is a good idea to do your research and seek out an experienced criminal defense attorney.
McGuckin Law is an NJ criminal defense law firm with locations in Toms River and Edison and has handled a wide array of burglary and related charges over the years. If you or a loved one are facing burglary charges, don’t hesitate to reach out for a free consultation at 732.924.4200.
Burglary N.J.S.A. 2C:18-2
The following is the statute for burglary in New Jersey governed under N.J.S.A. 2C:12-3:
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.
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.
Understanding Your NJ Burglary Charge
In order to unpack the above statute, we need to understand a few things. First, the state has to prove 1. entry, 2. into a structure that is 3. not open to the public or without license to enter and 4. with the intent to commit a crime within.
The term structure means a building, room, vehicle, or anyplace accounting for overnight business or accommodation of persons.
Additionally, New Jersey does not limit the charge to “breaking in.” Entry need not include breaking in in order to be classifies as a burglary if it meets the other elements of the offense.
While most people associate burglary with theft, the intent to commit a crime can include any crime such as criminal mischief, aggravated assault, harassment, kidnapping, etc.
Most burglary cases are 3rd degree. However, it a second degree charge if the defendant can be proven to having 1. purposely, knowingly, or recklessly inflicted, attempted to inflict, or threatened to inflict bodily injury on another person; or (2) was armed with or displayed what appeared to be a deadly weapon or explosives. In the case of a second degree burglary charge, you are subject to NERA (No Early Release Act) and are subject to serving 85% of your sentence prior to parole eligibility.
NJ Burglary Defenses
McGuckin Law will analyze the facts surrounding your case along with the discovery that the state must provide that it will rely upon to prosecute you. If we are able to disprove even one of the elements then the state cannot find you guilty. Additionally, we will explore entry into Pre-Trial Intervention, Mental Health Diversionary Program, or Veterans Diversionary Program if applicable, and have your cases diverted from criminal prosecution. You will be updated throughout your matter as we seek the best possible result.
Call McGuckin Law Today
NJ burglary is a serious charge that requires aggressive, serious representation. Regardless whether your burglary charge originated out of Toms River, Beachwood, Forked River, Brick, Wall, Howell, Freehold, Eatontown, Sayreville, Old Bridge, New Brunswick, or Edison, our firm is here to help. As a 3rd (or even 2nd Degree) crime, you are facing thousands in fines and at least 3-5 years in jail. Cast aside your fear and anxiety and call 732.924.4200 for a free consultation. McGuckin Law is here to help you win.
