Monmouth County NJ Burglary Defense Lawyers
A common misconception about burglary is that an individual is required to actually commit a theft in order to be charged with a burglary offense. In fact, unbeknownst to many, simply entering a dwelling with the intention of committing an offense constitutes burglary as it is defined by New Jersey Law. Typically, burglary is classified as a third degree crime; however, it can be elevated to a second degree crime if the alleged actor is armed with a deadly weapon or injures someone during the course of committing the alleged offense. In either case, burglary is considered an indictable felony, which will be tried at the Superior Court in the county where the alleged crime occurred.
Burglary charges are extremely serious, warranting a term of imprisonment and a felony conviction on the defendant’s criminal record if he or she is ultimately found guilty. In addition, second degree burglary charges are among those enumerated in New Jersey’s No Early Release Act (NERA), which requires those convicted to serve 85% of the sentence imposed before becoming eligible for parole. Underestimating the impact that a burglary charge and conviction can have on your life can lead to devastating consequences for you and those you love. With the help of an accomplished defense attorney, you can face these allegations head-on in order to protect yourself and your reputation.
The attorneys at Chamlin, Rosen, Uliano & Witherington have accumulated a breath of experience representing clients charged with burglary and other theft offenses in Monmouth County and throughout New Jersey. Through our diligence and dedication to every case, we have assisted countless clients with restoring their lives and overcoming these serious charges. If you or someone you love has been charged with burglary, contact the offices of Chamlin, Rosen, Uliano & Witherington at 732-440-3950 for a free initial consultation with a member of our criminal defense team.
Burglary in New Jersey: N.J.S.A. 2C:18-2
Under New Jersey Law, burglary offenses are outlined in N.J.S.A. 2C:18-2, which sets forth:
a. 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 was 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.
Burglary is a crime of the third degree, except that it 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.
Penalties for Burglary in New Jersey
Burglary as a Second Degree Crime: punishable by a term of incarceration ranging from 5 to 10 years in New Jersey State Prison
Burglary as a Third Degree Crime: punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison
NOTE: Second degree burglary charges are governed by New Jersey’s No Early Release Act (NERA), which requires those convicted to serve 85% of the sentence imposed before becoming eligible for parole.
Contact Manalapan NJ Burglary Lawyers for Assistance with Your Case
If you or someone you love is facing charges for burglary in New Jersey, contact the Monmouth County offices of Chamlin, Rosen, Uliano & Witherington at 732-440-3950 or call toll-free at 888-328-9131. One of the firm’s talented defense attorneys will be pleased to discuss your case and to provide you with a free assessment of your legal options.