Elizabeth, NJ Burglary Lawyer

Burglary is considered an indictable crime in New Jersey. The New Jersey Criminal Code sets the parameters for burglary charges in N.J.S.A. 2C:18-2. Burglary is a serious crime in New Jersey, and the penalties can be severe. Burglary carries potential prison time, fines, and a criminal record if convicted. If you or a loved one is facing burglary, robbery, trespassing or aggravated assault charges, then it is important to seek legal representation. If you are seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is facing a burglary charge in New Jersey, it is important that legal assistance is sought. Contact our criminal justice law firm today to discuss your potential burglary case.

Definition of Burglary Charge in New Jersey

In New Jersey, a person commits the crime of burglary by entering or remaining (in hiding or in secret) in a “structure” or a research facility without permission and with the intent to commit any offense (indictable or disorderly persons offense) inside. A burglary charge is codified under N.J.S.A. 2C:18-2. Specifically, the crime of burglary is defined as a person with the purpose to commit an offense therein or thereon if he/she:

1. Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter;
2. Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so; or
3. Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.

A burglary charge in New Jersey is typically a third degree indictable (felony). However, a burglary charge can be upgraded to a second degree indictable if he/she:

1. Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or
2. Is armed with or displays what appear to be explosives or a deadly weapon.

Definition of Structure

New Jersey’s burglary law applies to structures, which includes any building, room, ship, vehicle, airplane, or any place adapted for sleeping or business.

Unauthorized Entry

A defendant can enter or remain in a structure without permission in multiple ways. Any intrusion, however slight, into a structure without authorization constitutes an entry. Remaining in a structure without permission occurs when the initial entry was permitted but the person secretly stays within the structure after that permission expires.

Elements of New Jersey Burglary Charge

In order to be convicted of burglary, the prosecution must prove each element beyond a reasonable doubt. According to the New Jersey Model Jury Charge for third degree burglary, the prosecutor must prove the following elements beyond a reasonable doubt:

1. that the defendant entered the (research facility) (structure) known as_________________ without permission.
2. that the defendant did so with the purpose to commit an offense therein.

In order for the defendant to be convicted of a second degree burglary, the prosecutor must prove the above elements as well as:

1. Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or
2. Is armed with or displays what appears to be explosives or a deadly weapon.

The New Jersey Model Jury Charge defines bodily injury as, “means physical pain, illness or impairment of physical condition.”

Penalties for NJ Burglary Charge

Burglary charges in New Jersey are typically graded as third-degree offenses. These expose the defendant to:

• Minimum of 3 years to maximum of 5 years in prison and
• Up to a $15,000 fine.

As mentioned, above, burglary can be a second-degree offense if it involves injuries or a deadly weapon. If convicted of burglary of the second degree, you could face the following penalties:

• Minimum of 5 years to maximum of 10 years in prison and
• A fine of up to $150,000.

Keep in mind that a second degree burglary charge carries a presumption of incarceration. This means that if convicted of a second degree burglary charge, then at sentencing it is presumed that the judge will sentence the defendant to prison. However, a third degree charge carries a presumption of non-incarceration. This means that if convicted of a third degree burglary charge, then at sentencing it is presumed the judge will not sentence the defendant to prison. This also depends on the defendant’s criminal history, so please keep that in mind.

NERA & NJ Burglary Charge

The No Early Release Act (NERA) is a criminal statute in New Jersey that prohibits defendants from being released from prison before serving at least 85 percent of their total jail term. NERA applies to certain first and second degree crimes, including burglary. For example, if a defendant is sentenced to 10 years in prison for a second degree burglary, then the defendant will be eligible for parole after the defendant serves 8.5 years in prison. According to a bill introduced in 2022, burglary of a residence would be upgraded to a crime of the second degree and subject to NERA only if a person was present in the residence at the time of the offense.

Graves Act & Burglary Charge in New Jersey

According to the Graves Act, a person who commits or attempts to commit certain offenses while being in possession of an illegal firearm is subject to mandatory minimum sentences of imprisonment. These offenses include burglary, which is a second degree crime if the defendant is armed with or displays what appears to be a deadly weapon. Therefore, the Graves Act does apply for a burglary charge in New Jersey if the defendant possessed a gun. However, there may be some exceptions or defenses available depending on the specific facts of the case. For example, the prosecutor may agree to waive or reduce the mandatory minimum sentence under certain circumstances, such as if the defendant is a first-time offender, cooperates with the authorities, or pleads guilty to a lesser charge.

Possession of Burglar’s Tools Charge in New Jersey

Possessing burglar’s tools charge is defined under N.J.S.A. 2C:5-5. The definition of a burglar’s tools charge according to the law is:

1. Any person who manufactures or possesses any engine, machine, tool or implement adapted, designed or commonly used for committing or facilitating any offense or offenses involving forcible entry into premises.
   • Knowing the same to be so adapted or designed or commonly used; and
   • With either a purpose so to use or employ it, or with a purpose to provide it to some person who he knows has such a purpose to use or employ it, is guilty of an offense. 
2. Any person who publishes plans or instructions dealing with the manufacture or use of any burglar tools as defined above, with the intent that such publication be used for committing or facilitating any offense or offenses involving forcible entry into premises is guilty of an offense. 

A burglar’s tools charge in New Jersey, NJSA 2C:5-5, can be charged either as a fourth degree indictable (felony) or a disorderly persons offense (misdemeanor). According to NJ law, a burglar’s tools charge is a fourth degree when, “the defendant manufactured such instrument or implements or published such plans or instructions.” If this element is not present, then it will be charged as a disorderly persons offense.

A fourth degree indictable carries the following penalties:

• Up to 18 months in prison/jail and
• Up to a $10,000 fine

A Disorderly persons offense carries the following penalties:

• Up to 6 months in the county jail and
• Up to a $1,000 fine

What are some defenses to a New Jersey burglary charge?

There are a number of defenses to New Jersey burglary charge, including:

• Lack of intent: You did not enter the structure with the intent to commit a crime.  If you did not have the intent to commit a crime inside the property, you may be able to argue that you are not guilty of burglary.
• Consent: You had permission to enter the structure. If you had permission from the owner or occupant to enter the property, you may be able to challenge the allegation of unlawful entry.
• Self-defense: You entered the structure in self-defense or the defense of others.
• Defense of property: You entered the structure to protect your property or the property of others.
• Illegal search and seizure: If the police violated your constitutional rights by conducting an illegal search and seizure that led to the discovery of the evidence against you, you may be able to suppress the evidence and weaken the prosecution’s case.
• Mistaken identity: If you were wrongfully accused due to mistaken identity, you may be able to prove that you were not involved in the alleged offense. Evidence such as alibis, surveillance footage, or witness testimonies can be helpful in establishing this defense.
• Alibi: An alibi is a defense that claims the defendant was not present at the scene of the crime and therefore could not have committed it. In New Jersey, if a defendant intends to rely on an alibi, he or she must follow certain rules and procedures. For example, the defendant must provide the prosecutor with a written notice of the alibi, stating the specific place or places where the defendant was at the time of the alleged offense and the names and addresses of the witnesses who can support the alibi.

Statute of Limitations for Burglary

The statute of limitations for a burglary charge in New Jersey is five years. This means that the State generally has five years from the date the burglary occurred to file charges against the alleged perpetrator. However, there are a few important exceptions to this rule:

Exceptions to the five-year statute of limitations:

• Pending Prosecution: The clock stops running on the statute of limitations during any period when a prosecution against the same person for the same burglary charge is pending in New Jersey.
• Fleeing from Justice: The statute of limitations does not apply to any person who is actively fleeing from justice for the burglary. This means that the clock on the statute of limitations would not start running until the person is apprehended.
• DNA Evidence: If new DNA evidence becomes available that links the person to the burglary, the statute of limitations may be extended for a period of time.

Pretrial Intervention (PTI)

Pretrial Intervention (PTI) is generally available for someone charged with burglary in New Jersey, with some exceptions.

Here’s a breakdown of the eligibility for PTI in burglary cases in New Jersey:

Eligible offenses:

• Third-degree burglary: This is the most common type of burglary charge in New Jersey and is generally eligible for PTI.
• Fourth-degree burglary: This is a less serious type of burglary and is also generally eligible for PTI.

Ineligible offenses:

• Second-degree burglary: This is also a serious type of burglary and is generally not eligible for PTI, although there may be some exceptions in certain cases.

Additional factors that may affect eligibility:

• Prior criminal history: If you have a prior criminal history, especially for violent crimes, you may be less likely to be eligible for PTI.
• Severity of the offense: The specific circumstances of the burglary, such as whether anyone was injured or if there was a large amount of property stolen, may also affect your eligibility for PTI.

Overall, while burglary is generally eligible for PTI in New Jersey, it is important to consult with a criminal defense attorney to discuss your specific case and determine your eligibility. An attorney can also help you navigate the PTI application process and increase your chances of being accepted into the program.

Difference between Robbery and Burglary

Burglary and robbery are both crimes, but they have distinct differences:

Burglary:

• It is a property crime that requires a person to illegally enter a building or structure with the intent of committing a crime inside.
• It does not require violence or a weapon.

Robbery:

• It is a violent crime that requires a person to take something of value directly from another person by the use of force or fear.
• Robbery does not require a building or property, nor does it require that the criminal steal anything.
• Robbery usually involves the use of force or at least intimidation against another person.

In essence, burglary involves illegal entry into a structure with the intent to commit a crime, while robbery involves taking property from a person through threats or fear of harm.

Difference between Trespassing and Burglary

The main difference between a trespassing charge and a burglary charge in New Jersey is the intent to commit a crime inside the property. Trespassing is entering or remaining on someone else’s property without permission, while burglary is doing so with the intent to commit an offense, such as theft, assault, or vandalism. Trespassing is usually a disorderly persons offense or a petty disorderly persons offense, punishable by up to 6 months or 30 days in jail, respectively. Burglary is a second or third degree crime, punishable by up to 10 or 5 years in prison, respectively. Burglary can also be aggravated if the offender is armed or threatens to harm someone inside the property.

Frequently Asked Questions (FAQs) 

• Question: What if I had permission to enter the building or structure, can I still be charged with burglary in New Jersey?
  • Answer: No, in New Jersey, burglary is defined as entering or remaining in a structure without permission and with the intent to commit an offense inside. If you had permission to enter the building or structure, it would not typically constitute burglary. However, if you enter with permission but then remain secretly or without permission with the intent to commit a crime, it could be considered burglary.

• Question: What if I did not have permission to enter a building, but did not intend to commit any offense, can I be charged with burglary in New Jersey?
  • Answer: No, in New Jersey, burglary is defined as entering or remaining on property without lawful permission with the intent to commit an offense. If there was no intent to commit an offense, it may not constitute burglary. However, unauthorized entry could be considered trespass, which is a separate offense.

• Question: I was charged with burglary in New Jersey, can they also charge me with trespassing?
  • Answer: Yes, it is possible to be charged with both burglary and trespassing if the circumstances of the incident meet the legal definitions of both offenses.

Top Tier New Jersey Burglary Charge Attorney

If you have been charged with burglary in New Jersey, it is important to contact an experienced criminal defense attorney as soon as possible. An attorney can review the facts of your case and advise you of your legal options. There are many reasons why you should choose NJ Attorney Brett M. Rosen to defend your burglary charge. Here are some of them:

• He is one of the top criminal defense attorneys of 2023, according to LA Weekly.
• He has a proven track record of winning seemingly impossible cases, such as a recent acquittal of a karate instructor accused of sexual assault.
• He is passionate, dedicated, and assertive in representing his clients, standing up for their rights and challenging the evidence against them.
• He is experienced in handling robbery cases, which are serious offenses that can result in long prison terms and hefty fines.
• He is an advocate for mental health and well-being within the legal profession, understanding the stress and emotional toll that comes with facing criminal charges.
• He is knowledgeable about the latest advancements in artificial intelligence and their impact on the legal industry, using AI-powered tools to enhance his practice.

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your burglary defense.

Contact us today for a free consultation.