If you were arrested and charged with burglary because of allegedly breaking into a car, house, apartment or other structure, our attorneys can help. Call our Newark Firm at 973-710-1520 to speak to a highly experienced Essex County Burglary Offense Defense Lawyer.Whenever someone enters a structure without authorization to do so, they may be charged with burglary under N.J.S. 2C:18-2. This offense is a felony under NJ law and applies not only to buildings but cars. And when someone makes the error of entering a structure while it is occupied, an entirely different and even more serious offense applies — home invasion. Our law firm, the Law Offices Marshall, Bonus, Proetta & Oliver has decades of experience working as both prosecutors and defense lawyers on burglary cases. If you have been arrested and charged with burglary, criminal mischief, robbery, trespassing, theft by deception or receiving stolen property in Essex County, we can help. Our team of Essex County criminal defense lawyers have extensive experience representing clients charged with burglary in Montclair, Caldwell, Nutley, West Orange, South Orange and Glen Ridge.
Bloomfield NJ Burglary Lawyers
N.J.S. 2C:18-2 makes it unlawful for someone to, for the purpose of committing a criminal offense, knowingly enter a structure, research facility, our utility company property, without a license or privilege to do so. When an individual violates this law anywhere in Essex County, they may be charged with burglary, the legal term for many individuals refer to as “breaking and entering”. This violation is a third degree crime except where the individual is armed with a deadly weapon or causes or threatens bodily injury to another. When these circumstances exist, burglary is a second degree crime. It is crucial, whenever someone faces a burglary indictment or charge to make sure they have the very best opportunity for a successful defense. This frequently involves our attorneys obtaining a downgrade from second degree to third degree burglary, admission into Pretrial Intervention (i.e. no conviction) or an outright dismissal.
Defenses. Since the purpose for entry must be to commit a crime in order for 2C:18-2 to apply, it is a viable defense to a burglary charge that the accused lacked this intent. Similarly, there can be no violation if the defendant possessed a license to enter the premises.
Merger With Other Offenses. There is no merger of burglary with the offense(s) the purpose of which the accused entered and/or committed following entry. As a result, a robbery or theft charge would not merge with the related 2C:18-2 offense.
What are the Penalties for Burglary in NJ?
As previously stated, burglary is either a third degree crime or second degree crime. Both of these criminal grades result in a felony record upon conviction. For a third degree burglary, an individual may be sentenced to five (5) years in prison and fined as much as $15,000. A second degree burglary results in a jail term of five (5) to ten (10) years and a maximum fine of $150,000. Burglary in the second degree also triggers the application of the No Early Release Act (“NERA”). This law mandates a minimum term of 85% of the sentence imposed before any individual may even be considered for parole.
Experienced Burglary Defense Attorneys in Belleville NJ
Our attorneys are able to avoid a period of imprisonment for many individual who hire us on burglary charges. Some of these cases are resolved through a successful application for Pretrial Intervention, others are defended through dismissal, downgraded or simply negotiated to probation. Our team knows the best ways to avoid jail and other negative ramifications and an attorney is available to discuss how we can help you. Give our Newark defense office a call at 973-710-1520 for immediate assistance from one of our lawyers.