You were behind on your rent, and the multi-million dollar company wouldn’t miss a few computers. Or maybe you slipped through an open window at a dentist’s office and stole several oxytocin bottles. Guess what? Both buildings have camera systems, and you’ve been caught on tape. The police show up, take the computers back, and you are now facing burglary charges and years in state prison. You need immediate representation from a lawyer who specializes in burglary.
Burglary in New Jersey is defined in N.J.S. 2C 18-2. You may be found guilty of burglary when it is proven beyond a reasonable doubt that you
- Entered a structure, unless the structure was open to the public or unless you were licensed or privileged to enter, (see NJSA 2C 18-2 a.(1)); or
- Remained in the structure knowing that you were not licensed or privileged to do so.
Burglary in New Jersey is an indictable offense. Although ordinarily classified as a 3rd degree crime, it is elevated to a 2nd degree crime when in the course of committing the offense, you
- Purposely, knowingly, or recklessly inflicted, attempted to inflict, or threatened to inflict bodily injury on anyone; or
- Were armed with or displayed what appeared to be explosives or a deadly weapon.
If convicted of 2nd degree burglary, you may face 5 to 10 years in state prison. If convicted of 3rd degree burglary, you may face 3-5 years in prison.
To be convicted of burglary, the statute requires proof beyond a reasonable doubt of the following
- That You Entered
- A Structure
- Not open to the public and without privilege or license to enter
- With the purpose to commit another criminal offense.
- Structure: The main characteristic of the burglary crime is entrance into facility or “structure” which can be a home, commercial building, business complex, and even abandoned buildings.
- Unauthorized: If you enter the structure without permission, unauthorized, you may be guilty of burglary.
- Committed crime: To be convicted of burglary, your purpose when entering the structure must be more than merely trespassing, which is an entirely different crime. To be guilty of burglary, there must be evidence that you committed or intended to commit another crime therein, such as theft, assault and battery, property damage, etc.
The Mark Law Firm represents clients who have been charged with crimes such as burglary in North Plainfield and throughout Somerset County. We have a solid track record of aggressive, experienced trial experts dedicated to fight for your rights. Contact The Mark Law Firm now for your consultation.