Bergen County Juvenile Burglary Lawyer
Burglary is a very serious offense in New Jersey and if convicted it can lead to a very lengthy prison sentences. Traditionally the Juvenile Justice System treats their defendants much more leniently than the Adult Criminal Justice System does. However, when the juvenile defendant is faced with a serious charge like burglary, robbery, possession of marijuana with the intent to distribute or possession of cocaine the juvenile prosecutors become drastically less lenient. In fact, if they feel that the underline facts of the case are serious enough they will automatically file whats known as a waiver motion and seek to have the juvenile prosecuted in the Adult Criminal Justice System. This will take the case out of the Honorable Gary N. Wilcox hands. If the motion is granted and the juvenile is convicted of burglary then they will be facing up to 10 years in a New Jersey State Prison instead of a maximum of three years in a juvenile detention center. The Juvenile Justice System is run completely different the adult criminal justice system, therefore, it is imperative that you seek the advice of an experienced bergen county juvenile criminal defense attorney. The Law Offices of Jonathan F. Marshall has been successfully representing juveniles charged with various criminal offenses throughout Bergen County in towns like Saddle Brook, Montvale, Ramsey, Fort Lee, Rochelle Park, Elmwood Park and Lodi for over fifteen years. We understand that when your child is charged with a criminal offense it can be an extremely nerve racking experience. We have eight criminal defense attorneys on staff waiting to assist you in anyway possible.
Juvenile Burglary Defense Lawyers Lodi NJ: N.J.S.A. 2C:18-2
Before a juvenile can be convicted of burglary, the juvenile prosecutor must prove four key elements beyond a reasonable doubt. They are as follows:
- The Juvenile entered a place;
- The place that the Juvenile entered was either a structure or research facility;
- The Juvenile had no lawful right to enter the structure nor was the structure open to the public at the time of the juvenile entered &
- The Juvenile entered the said structure with a purpose to commit an offense therein.
Please note here, that the word “structure” referenced above has been interpreted to include but is not limited to: a home, car, boat or warehouse.
Penalties if a Juvenile is Convicted of Burglary in NJ:
The Juvenile will be charged with burglary in the second degree if in the course of committing the offense, the juvenile either:
(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.
If not, then the Juvenile will be charged with burglary in the third degree (felony).
If the Juvenile is convicted of a second degree offense, they may be sentenced up to three years in a Juvenile Detention Center. Conversely, if the juvenile was waived up and treated as an adult, the juvenile will be facing up to ten years in a New Jersey State Prison if convicted. On the other hand if the juvenile is convicted of a third degree felony, they may be sentenced up to two years in a Juvenile Detention Center. However, if the juvenile is waived up and treated as an adult they would face up to five years in a New Jersey State Prison if convicted.
Garfield NJ Juvenile Criminal Defense Attorney
The Law Offices of Jonathan F. Marshall has over 100 years of combined experience on staff, including over twenty-five year of prosecuting experience. As stated earlier, if you or someone you know has been charged with a juvenile offense in Bergen County, whether it be a trespassing, criminal mischief or possession of marijuana offense it is imperative that you seek the advice an experienced Bergen County juvenile criminal defense attorney. If you have any further questions with regards to this offense or any other criminal offense for that matter please contact any one of our Bergen County Offices for a free initial consultation with one of our eight juvenile criminal defense attorneys.