Burglary is one of the most serious crimes you can commit. Depending on the severity of your actions, you will be charged with a second or third degree crime and face serious, life-changing consequences.
What is Burglary?
Generally speaking, burglary is the unlawful breaking and entering into the structure of another with the intent to commit a felony or larceny while inside.
More specifically, under N.J.S.A. 2C:18-2, there are three ways to commit burglary in New Jersey.
- Entering: You will be guilty of burglary based on entering if you:
- Enter a research facility, structure, or separately secured or occupied portion of a structure
- At a time not open to the public
- Without permission or being allowed to be on the premises
- With the purpose of committing an offense on the premises
- Remaining: You will be guilty of burglary based on remaining if you:
- Surreptitiously remain
- In a research facility, structure, or separately secured or occupied portion of a structure
- While knowing that you do not have permission and are not allowed to do so
- Trespassing on Utility Company Property: You will be guilty of burglary based on trespassing on utility company property if you:
- In or on utility company property
- Where public notice prohibiting trespass is given
- Or notice is given by conspicuous posting, fencing, or any other enclosure designed to exclude intruders
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What is the Penalty for Burglary in New Jersey?
If you commit any of the three types of burglaries listed above, you will be convicted of a third degree crime. This means you can face 3-5 years in prison and a $15,000 fine. However, the crime will jump in severity to a second degree crime if you:
- Purposefully, knowingly, or recklessly attempt to inflict or threaten to inflict bodily injury on anyone
- Are armed with or display what appears to be explosives or a deadly weapon
If you are found guilty of burglary in the second degree, you can face up to 10 years in prison and a $150,000 fine.
Remember, a simple threat to harm an occupant of the building will be enough to turn this into a second degree crime. Also, even if it only looks as if what you display is a deadly weapon (e.g. a gun, knife, baseball bat, etc.) this will become a second degree crime, regardless of whether you actually displayed such a weapon. Do not mess around with a burglary charge. It is crucial for you to contact an experienced NJ criminal defense attorney who can help protect your legal rights and liberty.
Who Should You Contact?
If you or a loved one was charged with burglary in New Jersey, contact Adam H. Rosenblum of The Rosenblum Law Firm today. Mr. Rosenblum is a skilled criminal defense attorney who has helped people in similar situations. He will defend your constitutional rights, fight to keep you out of jail, and do what he can to have your burglary charges dismissed. E-mail or call him today at 888-815-3649.