Burglary in Elizabeth, New Jersey: A Comprehensive Guide for the Accused
Burglary Charge Attorney Elizabeth, NJ
Burglary is a serious criminal offense in New Jersey, carrying severe penalties that can significantly impact your life. If you or a loved one are facing burglary, trespassing, or robbery charges in Elizabeth, understanding the law and your rights is crucial. At Brett M. Rosen, our experienced criminal defense attorneys are dedicated to providing aggressive representation and protecting your future.
Facing Burglary Charges in Elizabeth? Call Brett M. Rosen, Esq. Now!
If you’re facing a burglary charge in Elizabeth, NJ, retaining the services of Brett M. Rosen, Esq. could be your best decision. Brett Rosen, a highly respected criminal defense attorney, has been recognized by Thomson Reuters Super Lawyers Rising Stars for four consecutive years. His exceptional track record includes winning seemingly impossible cases, as highlighted by Men’s Journal. Known for his meticulous and assertive approach in the courtroom, Rosen has a proven ability to secure favorable outcomes for his clients. With his office conveniently located in Elizabeth, NJ, Brett Rosen is well-positioned to provide the dedicated and expert legal representation you need.
Would you like more information on his services or success stories? Contact him today at 908-312-0368 or email him at brett@nynjcriminalcivilesq.com.
What Constitutes Burglary in Elizabeth, NJ?
Under New Jersey law (N.J.S.A. 2C:18-2), burglary is defined as:
- Unlawful Entry: Entering a structure without permission or legal right. This includes homes, businesses, apartments, garages, and even vehicles.
- Intent to Commit a Crime: Entering with the purpose of committing an offense inside the structure. This offense could be theft, assault, harassment, or any other crime.
It’s important to note that you don’t have to actually commit the intended crime to be charged with burglary. The mere intent upon entering is enough.
Degrees of Burglary in New Jersey
Burglary charges in New Jersey are categorized into different degrees, each with varying penalties:
- Third-Degree Burglary: This is the most common type, involving entering a structure without a weapon and without causing injury.
- Second-Degree Burglary: This occurs when the perpetrator enters a structure and the perpetrator is armed, or someone is injured during the burglary.
Penalties for Burglary in New Jersey
The penalties for burglary in New Jersey are harsh and can include:
- Third-Degree: 3-5 years in prison and up to $15,000 in fines.
- Second-Degree: 5-10 years in prison and up to $150,000 in fines.
| Degree of Crime | Statute | Elements of the Offense | Potential Penalties | Additional Consequences |
| Second Degree | N.J.S.A. 2C:18-2(b) | * Enters a structure (dwelling) without license or privilege to do so * With purpose to commit an offense therein * AND Any of these apply: <OR> – Is armed with or displays what appears to be a deadly weapon <OR>- Threatens another with immediate bodily injury <OR>- Purposely, knowingly, or recklessly inflicts or attempts to inflict bodily injury <OR>- Is in the course of committing or attempting to commit a theft, purposely, knowingly or recklessly inflicts or attempts to inflict bodily injury on anyone | * Imprisonment: 5-10 years * Fines: Up to $150,000 | * Criminal record * Difficulty finding employment or housing * Loss of professional licenses * Potential immigration consequences (for non-citizens) * Mandatory minimum sentence under the No Early Release Act (NERA) – 85% of sentence must be served before parole eligibility |
| Third Degree | N.J.S.A. 2C:18-2(a) | * Enters a structure (not a dwelling) without license or privilege to do so * With purpose to commit an offense therein | * Imprisonment: 3-5 years * Fines: Up to $15,000 | * Criminal record * Difficulty finding employment or housing * Loss of professional licenses * Potential immigration consequences (for non-citizens) |
In addition to these penalties, a burglary conviction can have lasting consequences, such as difficulty finding employment, housing, or professional licenses.
Defenses to Burglary Charges in Elizabeth, NJ: Fighting for Your Freedom
Facing a burglary charge in Elizabeth, New Jersey, is a serious matter. However, a skilled criminal defense attorney can explore various legal strategies to protect your rights and fight for the best possible outcome.
Key Defenses to Burglary Charges:
- Lack of Intent to Commit a Crime:
- The prosecution must prove you entered the structure with the specific intent to commit a crime beyond mere trespass.
- If you can demonstrate that you had no such intent upon entering (e.g., seeking shelter, retrieving lost property), it weakens the prosecution’s case.
- This defense requires strong evidence and persuasive arguments to convince the court of your innocent purpose.
- Consent or Permission to Enter:
- If you had the owner’s or occupant’s express or implied permission to enter, this can be a strong defense.
- This might involve demonstrating a prior relationship, verbal or written authorization, or even showing the property was open to the public.
- Mistaken Identity or False Accusation:
- If you’ve been wrongly accused or misidentified, your attorney will work to establish your innocence.
- This involves gathering evidence like alibis, witness statements, or surveillance footage that places you elsewhere at the time of the alleged burglary.
- Insufficient Evidence:
- The prosecution must prove every element of the burglary charge beyond a reasonable doubt.
- If the evidence is weak, circumstantial, or lacks credibility, your attorney can argue that it’s not enough for a conviction. This might involve challenging witness testimony, forensic evidence, or the chain of custody of any seized items.
- Intoxication or Mental Impairment:
- While not a complete defense, intoxication or a mental health condition may be used to argue that you lacked the specific intent to commit a crime upon entering.
- This defense often requires expert testimony to establish how your state of mind impacted your actions.
- Fourth Amendment Violations (Illegal Search and Seizure):
- If law enforcement obtained evidence against you through an illegal search or seizure, violating your constitutional rights, your attorney can file a motion to suppress that evidence.
- If successful, this can significantly weaken the prosecution’s case or even lead to a dismissal.
Other Possible Defenses:
- Duress or Coercion: If you were forced or threatened into committing the burglary, this could be a defense, though it’s challenging to prove.
- Necessity: In rare cases, if you entered a structure out of necessity to avoid a greater harm (e.g., escaping a dangerous situation), it could be a defense.
Important Considerations:
- Each case is unique: The applicability of these defenses depends on the specific facts and evidence.
- An experienced attorney is crucial: Navigating these defenses requires legal expertise and knowledge of New Jersey law.
Why Choose Brett M. Rosen, Esq. for Your Burglary Defense?
At Brett M. Rosen, Esq., we have a proven track record of successfully defending clients against burglary charges in Elizabeth and throughout Union County. Our experienced attorneys will:
- Conduct a thorough investigation of your case, including examining police reports, witness statements, and any available surveillance footage.
- Challenge the prosecution’s evidence, looking for inconsistencies, weaknesses, or signs of illegal police conduct.
- Negotiate with the prosecutor for reduced charges or alternative sentencing, such as probation or community service.
- Aggressively defend your rights in court, ensuring that your voice is heard and that you receive a fair trial.
We understand the complexities of New Jersey’s burglary laws and will work tirelessly to protect your freedom and minimize the impact of these charges on your life.
FAQs about Burglary Charges in Elizabeth, NJ: Your Questions Answered
Facing Burglary Charges? Get the Answers You Need
If you or someone you know is facing burglary charges in Elizabeth, New Jersey, it’s natural to have many questions and concerns. The Law Offices of Brett M. Rosen, Esq., understand the anxiety and uncertainty that accompany such serious charges. We’ve compiled a list of frequently asked questions to provide clarity and guidance on this complex legal matter.
Remember, this information is for general educational purposes only and should not substitute for legal advice from a qualified attorney. Every case is unique, so it’s crucial to consult with an attorney to discuss the specifics of your situation.
1. What is the difference between burglary and robbery in New Jersey?
- Burglary: Involves entering a structure without permission with the intent to commit a crime inside. It doesn’t require the use of force or threat against a person.
- Robbery: Involves the use of force or threat of force to take property from another person. The focus is on the taking of property directly from a person, not entering a structure.
2. What are the penalties for burglary in Elizabeth, NJ?
- The penalties for burglary depend on the degree of the charge, which is influenced by whether a weapon was involved, and if anyone was injured.
- Penalties can range from fines and probation to several years in prison.
3. Can I be charged with burglary even if I didn’t actually steal anything?
- Yes, the intent to commit a crime upon entering is sufficient for a burglary charge, even if you didn’t actually take anything.
4. What if I was just trespassing and didn’t intend to commit a crime?
- If you can prove you entered the structure without the intent to commit a crime, it could be a defense against burglary charges. However, proving lack of intent can be challenging and requires a strong legal strategy.
5. Can I be charged with burglary if I entered a building that was open to the public?
- Generally, no. Burglary requires entering a structure without permission or license. If a building is open to the public, you typically have implied permission to enter. However, if you exceed the scope of that permission (e.g., entering restricted areas), you could face charges.
6. What if I was invited into the building but then committed a crime?
- If you had permission to enter but then committed a crime, you might be charged with theft or another offense, but not burglary.
7. Can I be charged with burglary if I break into my own home?
- In some cases, you can be charged with burglary even if you break into your own home, especially if there’s a restraining order against you or you intend to commit a crime against someone inside.
8. What are some common defenses to burglary charges?
- Some potential defenses include:
- Lack of intent to commit a crime
- Consent or permission to enter
- Mistaken identity
- Insufficient evidence
- Intoxication or mental impairment
9. What are the potential consequences of a burglary conviction?
- A burglary conviction can have long-term consequences, including:
- Jail or prison time
- Fines
- A permanent criminal record
- Difficulty finding employment or housing
- Loss of professional licenses
- Potential immigration consequences (for non-citizens)
10. How can a criminal defense attorney help me if I’m facing burglary charges?
- An experienced attorney can:
- Investigate the charges and gather evidence
- Negotiate with the prosecutor for a reduced charge or dismissal
- Represent you in court and fight for your rights
- Help you understand the legal process and potential consequences
FAQS About Burglary Continued
Here are additional FAQs to make the page even more informative and helpful for those facing burglary charges:
- What is the difference between a second-degree and third-degree burglary charge in New Jersey?
- Certain aggravating factors, like being armed with a weapon or inflicting bodily injury, can elevate a third-degree burglary to a second-degree charge.
- Can a burglary charge be downgraded to trespassing in NJ?
- In some cases, if the prosecutor cannot prove intent to commit a crime beyond a reasonable doubt, a burglary charge might be downgraded to a lesser offense, such as criminal trespass. However, this depends on the specific facts and evidence of your case. An experienced attorney can negotiate with the prosecutor to seek a reduction in charges.
- What if I was forced or coerced into committing a burglary?
- If you were forced or threatened into committing a burglary, you might be able to raise the defense of duress. This defense argues that you were compelled to commit the crime due to an immediate threat of harm to yourself or another person. However, proving duress can be challenging and requires strong evidence.
- Can I get a burglary conviction expunged from my record in NJ?
- Yes, under certain circumstances, it may be possible to expunge a burglary conviction from your record after a waiting period. However, eligibility requirements and the expungement process can be complex. An attorney can assess your situation and guide you through the expungement process if you are eligible.
- How long does a burglary case typically take to resolve in Elizabeth, NJ?
- The timeline for resolving a burglary case varies depending on several factors, including the complexity of the case, court scheduling, and whether you choose to go to trial. An attorney can help you understand the potential timeline and work toward a timely resolution.
- What should I do if I’m being investigated for burglary but haven’t been charged yet?
- If you are under investigation for burglary, it’s crucial to contact an attorney immediately. We can advise you on your rights, protect you from self-incrimination, and potentially prevent charges from being filed or negotiate a favorable outcome.
- Can a burglary charge affect my ability to own a firearm in NJ?
- Yes, a burglary conviction, even a third-degree conviction, can result in the loss of your right to own or possess a firearm in New Jersey. This can have significant implications for your personal and professional life, especially if you are involved in hunting, shooting sports, or certain professions that require firearm ownership.
- What are the potential immigration consequences of a burglary conviction?
- A burglary conviction can have severe immigration consequences for non-U.S. citizens, including deportation or denial of naturalization. If you’re facing burglary charges and are not a U.S. citizen, it’s crucial to consult with an attorney who understands immigration law to assess the potential impact on your status.
- What should I expect at my first court appearance for a burglary charge in Elizabeth?
- Your first court appearance is typically a pre-trial conference, where your attorney will be given discovery and negotiate with the prosecutor. An attorney can guide you through this process, ensure your rights are protected, and advise you on the best course of action.
- How much does a burglary defense attorney cost in Elizabeth, NJ?
- Attorney fees vary depending on the complexity of the case, the attorney’s experience, and other factors. We offer free consultations to discuss your specific case and provide transparent fee information.
Remember, these FAQs are meant to provide general information. For specific legal advice, it’s crucial to consult an experienced attorney. If you’re facing burglary charges in Elizabeth, NJ, don’t hesitate to reach out to Brett M. Rosen, Esq. for a free and confidential consultation.
Contact Us Today for a Free Consultation
If you or a loved one are facing burglary charges in Elizabeth, New Jersey, don’t wait to seek legal help. Contact Brett Rosen today for a free consultation. We’ll review your case, discuss your options, and develop a personalized defense strategy to fight for the best possible outcome.
908-312-0368
brett@nynjcriminalcivilesq.com
Remember: Time is of the essence in criminal cases. The sooner you contact us, the sooner we can start building your defense.