Burglary Charges in Union County, NJ? Brett M. Rosen, Esq. Offers Expert Defense.
Burglary Attorney Union County, NJ
Have you been arrested or charged with burglary in Union County, New Jersey? Burglary is a serious felony offense that can carry harsh penalties, including substantial prison time, fines, and a lasting criminal record. Don’t face this alone.
Brett M. Rosen, Esq., is a top-rated criminal defense attorney in New Jersey with extensive experience defending clients against burglary charges in Union County. We understand the complexities of New Jersey burglary laws and have a proven track record of success in achieving dismissals, reduced charges, and favorable outcomes for our clients. In a remarkable recent case at Union County Superior Court, New Jersey, attorney Brett M. Rosen defended an individual accused of burglary and trespassing—an ex-girlfriend’s apartment, no less. Rosen’s meticulous strategy discredited the prosecution’s evidence, creating reasonable doubt. The trial culminated in a directed verdict, acquitting the defendant without jury deliberation—a testament to Rosen’s legal prowess.
Contact him today for a free consultation at 908-312-0368 or by email at brett@nynjcriminalcivilesq.com.
Understanding Burglary in New Jersey: N.J.S.A. 2C:18-2
Burglary is not simply breaking into a building. It is a specific crime defined by New Jersey law (N.J.S.A. 2C:18-2) with distinct elements that the prosecution must prove beyond a reasonable doubt. To be convicted of burglary, the following must be established:
- Unlawful Entry: The accused must have entered a structure without permission or authorization. This can include a house, apartment, business, or even a vehicle.
- Structure: The entered location must be a structure, meaning a building or vehicle adapted for overnight accommodation or for carrying on business.
- Intent to Commit an Offense: The accused must have entered the structure with the intent to commit a crime inside. This could be theft, assault, vandalism, or any other offense.
Different Degrees of Burglary
The severity of a burglary charge depends on several factors, including whether the structure was occupied, the type of offense intended to be committed, and whether a weapon was used.
- Second-Degree Burglary: Entering an occupied structure with the intent to commit an offense and attempts to inflict or threatens to inflict bodily injury OR is armed with a deadly weapon. This is the most serious form of burglary and carries the harshest penalties.
- Third-Degree Burglary: Entering or remaining in a structure with the intent to commit an offense.
For a third degree burglary charge, the prosecutor must prove the following elements beyond a reasonable doubt:
- that the defendant entered the (research facility) (structure) known as _______________________ without permission.
- that the defendant did so with the purpose to commit an offense therein.
If the prosecutor fails to prove just one element above beyond a reasonable doubt, then the jury must find the defendant not guilty of burglary.
Penalties for Burglary in Union County, NJ
The penalties for burglary in New Jersey are severe and can include:
- Second-Degree Burglary:
- Imprisonment: 5-10 years in state prison.
- Fines: Up to $150,000
- Third-Degree Burglary:
- Imprisonment: 3-5 years in state prison.
- Fines: Up to $15,000
In addition to these penalties, a burglary conviction can have lasting consequences, including:
- Criminal Record: A felony conviction will remain on your record, making it difficult to find employment, housing, or obtain professional licenses.
- Restitution: You may be ordered to pay restitution to the victim for any property damage or loss incurred.
- Loss of Gun Rights: You may lose your right to own or possess firearms.
- Deportation: If you are not a U.S. citizen, a burglary conviction can lead to deportation.
Chart of Different Levels of Burglary in Union County
Offense | Degree | Definition | Penalties (Potential) |
Burglary | 3rd | Unlawful entry into a structure with the intent to commit an offense therein. Typically involves no threat of violence or use of a deadly weapon. | – 3 to 5 years in New Jersey State Prison |
Examples: | – Fines up to $15,000 | ||
– Entering a closed store after hours with intent to steal. | – Restitution (repaying victims for losses) | ||
– Staying hidden in a building after it closes with the intent to steal or commit vandalism. | – Probation (if eligible) | ||
– Entering a utility company property clearly marked as off-limits with the intent to vandalize. | – Community service (if ordered by the court) | ||
Aggravated Burglary | 2nd | Unlawful entry into a structure with the intent to commit an offense, accompanied by: | – 5 to 10 years in New Jersey State Prison |
– Use of a deadly weapon | – Fines up to $150,000 | ||
– Inflicting or attempting to inflict bodily injury | – Mandatory minimum sentence under the No Early Release Act (NERA) – must serve 85% of the prison term before parole eligibility | ||
– An accomplice armed with a deadly weapon |
Important Notes:
- Presumptions: 3rd-degree burglary has a presumption of non-incarceration, meaning a judge might consider probation. 2nd-degree has a presumption of incarceration, making prison time highly likely.
- Unique Circumstances: Each case is different. An experienced attorney can help navigate the specifics of your situation.
How Brett M. Rosen, Esq. Can Defend You Against Burglary Charges
Facing burglary charges in Union County, New Jersey can be a terrifying experience, but with Brett M. Rosen, Esq. on your side, you can rest assured that your case is in the hands of experienced professionals. We have a proven track record of successfully defending clients against burglary charges in Union County. We will:
- Conduct a Thorough Investigation: We will meticulously examine every aspect of your case, including the circumstances of the alleged burglary, the police investigation, and the evidence against you.
- Challenge the Prosecution’s Case: We will scrutinize the evidence for weaknesses, inconsistencies, and procedural errors. We may challenge the validity of search warrants, eyewitness identifications, or any other evidence used against you.
- Explore All Possible Defenses: We will tailor a defense strategy to your unique circumstances, exploring all available legal options.
- Negotiate with Prosecutors: We are skilled negotiators and will work tirelessly to reach a favorable plea agreement if possible. This could involve reducing the charges, seeking alternative sentencing options, or even dismissing the case entirely.
- Provide Zealous Courtroom Representation: If your case goes to trial, we will provide aggressive and effective representation in court. We will fight for your rights, cross-examine witnesses, and present a compelling case in your defense.
Potential Defenses Against Burglary Charges
Depending on the specific facts of your case, several defenses may be available to you, including:
- Lack of Intent: We can argue that you did not enter the structure with the intent to commit a crime. For example, you may have mistakenly believed you had permission to enter or that the structure was abandoned.
- Consent: If you had permission from the owner or occupant to enter the structure, this can be a complete defense to burglary charges.
- Alibi: If you can provide evidence that you were somewhere else at the time of the alleged burglary, this can be a powerful defense.
- Insufficient Evidence: If the prosecution cannot prove all the elements of burglary beyond a reasonable doubt, we can argue for dismissal of the charges.
- Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights against illegal search and seizure, any evidence obtained may be inadmissible in court.
- Mistaken Identity: If there is evidence suggesting that you were misidentified as the perpetrator, we can present this to the court.
Frequently Asked Questions About Burglary Charges in Union County
- What should I do if I am accused of burglary in Union County, NJ? The most important thing is to remain silent and immediately contact an experienced criminal defense attorney like Brett M. Rosen, Esq. Do not speak to the police or anyone else about the incident without legal counsel present.
- What are the penalties for burglary in New Jersey? The penalties depend on the degree of the offense and can range from 3 years to 10 years in prison, as well as significant fines.
- Can I get a burglary charge expunged from my record in New Jersey? In some cases, it may be possible to expunge a burglary conviction from your record after a waiting period, depending on the specific offense and your criminal history. An attorney can help you determine your eligibility for expungement.
- What is the difference between burglary and trespassing? Burglary involves entering a structure with the intent to commit an offense inside, while trespassing is simply entering or remaining on property without permission. Burglary is a more serious offense with harsher penalties.
- What is the difference between burglary and robbery? Burglary involves entering a structure with the intent to commit an offense, while robbery involves using force or threat of force to take property from another person. Robbery is generally considered a more serious offense than burglary.
FAQs Continued
- What if the alleged victim doesn’t want to press charges? Even if the alleged victim doesn’t want to press charges, the prosecutor may still pursue the case if they believe there is enough evidence to support the charges.
- Can I be charged with burglary if I didn’t actually steal anything? Yes, even if you didn’t take anything, you can still be charged with burglary if you entered the structure with the intent to commit a crime, such as theft or assault.
- Will a burglary conviction affect my employment? Yes, a burglary conviction can have a significant impact on your employment prospects. Many employers will not hire individuals with felony convictions, especially those involving theft or dishonesty.
- What should I expect if I am charged with burglary in Union County, NJ? The process will involve an investigation, possible arrest, court appearances, and potentially a trial. The stakes are high, so it’s important to have an experienced attorney by your side every step of the way.
- What is the difference between second-degree, and third-degree burglary? The degree of the burglary charge depends on whether the structure was occupied, and whether anyone was injured or threatened with injury. Second-degree burglary is the most serious, while third-degree is the least serious.
Union County, NJ Burglary Lawyer
If you are facing burglary charges in Union County, New Jersey, don’t let fear or uncertainty hold you back from seeking the legal representation you need. Brett M. Rosen, Esq. is here to provide you with compassionate support, experienced guidance, and aggressive advocacy throughout the entire legal process. We understand the complexities of burglary cases and the impact they can have on your life. We are dedicated to fighting for your rights, protecting your reputation, and securing the best possible outcome for your case.
Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com for a free and confidential consultation.