Burglary is a serious crime, not only in Morris County, but also across the state, but it is one that is often mistakenly thought of as theft or robbery. The actual act of burglary is akin more to trespass than these other crimes. What makes burglary more severe is that a trespass rises to the level of burglary where the trespasser has the intent to commit a theft, robbery or any other offense for that matter, once upon the property. As you will see below, burglary in Morris County, New Jersey can be either a second or third degree felony depending on the underline facts. Most Defendant’s charged with burglary in towns like Parsippany, Roxbury, Dover Denville, Boonton, Jefferson, Morristown or Rockaway may also find themselves facing theft of moveable property, carjacking, theft by deception, receiving stolen property, robbery and shoplifting charges as well. If you or someone you know has been charged with a criminal offense in Morris County, the Law Office of Jonathan F. Marshall can help. Our office has over 100 years of combined experience on staff, including over twenty-five years of prior prosecuting experience as well. If you would like to set up a free initial consultation, please contact our Morris County office at 973-309-7050. Now here is some key information on the offense of burglary in New Jersey, including what the prosecution must prove in order to obtain a conviction.
Madison, NJ Burglary Defense Attorneys: N.J.S.A. 2C:18-2
What is Burglary in New Jersey?
The governing statute in New Jersey for burglary is N.J.S.A. 2C:18-2. It is defined under N.J.S.A. 2C:18-2 in the following manner: “A person is guilty of burglary in the third degree if, with purpose to commit an offense therein or thereon he or she…
- 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;
- 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
- 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.
A Defendant will be charged with burglary in the second degree if during the commission of the offense, the Defendant either purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone or in circumstances where the actor is armed with or displays what appear to be explosives or a deadly weapon.
In simpler terms, the state must, in order to convict on a burglary charge, prove beyond a reasonable doubt two things. First, the state must show that the actor entered the premises without authorization, so a natural defense to this would be that they did have authorization to be on the premises or that the premises was open to the public. Second, the state must then prove that the actor stayed on the premises for the purposes of committing an offense on the premises such as theft. This would allow in your defense for the offering of other reasons for being on the premises that would tend to disprove the state’s theory about your state of mind to commit a crime.
What are the Penalties for Burglary in NJ?
If I am Convicted of Burglary in New Jersey will I got to Jail?
A crime of the second degree can lead to a period of incarceration for up to 10 years as well as fines of up to $150,000. On the other hand, a crime of the third degree can lead to a period of incarceration for up to 5 years and a fine of up to $75,000. Either way, an accused person would be facing significant period of incarceration, but when charged you want to minimize your exposure to incarceration as much as possible. In addition, burglary in the second degree could fall under the No Early Release Act as well, which essence requires a Defendant to serve at least 85% of their sentence before they could become eligible for parole.
Burglary Defense Attorneys in Denville NJ
As such, your best chance to limit the period of time you spend behind bars or prevent getting convicted in the first place is to hire the best representation that you can afford. Here at the Law Offices of Jonathan F. Marshall, we have over 100 years of collective experience defending against criminal charges in Morris County. Our team of 8 attorneys, including many former prosecutors, know the ins and outs of the charges and know best how to attack the prosecution’s case. So please, if you or someone you love has been charged with this serious crime in Morris County, do not hesitate to contact us today for a free consultation with an experienced attorney about the particulars of your case. We can be reached 24/7 at 973-309-7050.