Hackensack NJ Burglary Lawyers
The Law Offices of Jonathan F. Marshall has the experience defending individuals charged with burglary criminal offenses. If you or a loved one has been charged with the offense of burglary, receiving stolen property, credit card theft, robbery, theft by deception, aggravated assault or trespassing in towns like Fort Lee, Hackensack, Central Municipal of Bergen, Englewood City, Fairview, Ramsey, Lodi, Upper Saddle River, Tenafly, Edgewater or anywhere else in Bergen County please contact any one of our offices for a free consultation. Now here is what you should known about the offense of Burglary.
A conviction for burglary in Bergen County can lead to severe consequences, including a felony record and up to 10 years in state prison depending on the facts of your case. Further, if you were charged with second degree burglary you will also face what is known as the No Early Release Act (“N.E.R.A.”), which in pertinent part requires an individual to serve 85% of their sentence before they can be eligible for parole. The governing statute in New Jersey for Burglary is N.J.S.A. 2C:18-2. Now here is some key information on the offense of burglary, including the necessary elements which must be proven beyond a reasonable doubt and the penalties if convicted. If you or a loved one is charged with burglary, our office will combat the prosecutor’s case since we have:
- Over two-hundred (200) years of combined experience
- Our law firm has ten (10) criminal defense attorneys
- Our firm has seven (7) former prosecutors
- Our firm has three (3) former assistant county prosecutors that held directorial roles in the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Team, and the Juvenile Team
- Our firm has two (2) attorneys selected to Thomson Reuters Super Lawyers Rising Stars List for criminal defense here in New Jersey, only 2.5% of attorneys in New Jersey are selected to this list
- Our firm has one (1) attorney certified by the Supreme Court of New Jersey as a Certified Criminal Trial Attorney, less than 1% percent of attorneys in this state hold this prestigious distinction
- Our firm has two (2) attorneys selected to Thomson Reuters Super Lawyers Rising Stars List for criminal defense here in New Jersey, only 2.5% of attorneys in New Jersey are selected to this list
- Our firm has three (3) former assistant county prosecutors that held directorial roles in the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Team, and the Juvenile Team
- Our firm has seven (7) former prosecutors
Hackensack NJ Burglary Attorney:
N.J.S.A. 2C:18-2a, also known as Burglary, is defined under the statute as when a person with the purpose to commit an offense therein or thereon he:
(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
N.J.S.A. 2C:18-2b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:
(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.
Otherwise burglary is a crime of the third degree. An act shall be deemed “in the course of committing” an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.
Can I be convicted of burglary in New Jersey?
Before you can be convicted of burglary in Bergen County, the Bergen County Prosecutor’s Office must prove four material elements beyond a reasonable doubt:
- First, the prosecution must prove that an entry occurred by the defendant.
- Second, the place that the defendant entered was a structure or research facility.
- Third, the defendant did not have the privilege to enter nor was the structure open to the public at the time of the defendant’s entry.
- Lastly, that the defendant entered the said structure with a purpose to commit any offense therein.
It is important to note here that the word “structure” has been interpreted very broadly, it includes but is not limited to: a home, car, boat, warehouse, or any other building for that matter. Another important thing to keep in mind is that the actual entry cannot be “offense therein”, there must be a separate offense other than the entry.
Will I go to Jail if I am convicted of burglary in Bergen County NJ?
As stated earlier, depending on the underline facts, burglary can either be a crime of the second or third degree. If it is a second degree, then a defendant can face the following consequences:
- A second degree burglary charges carries a potential of up to 10 years in a New Jersey State prison if convicted.
- In addition, they may be subject to N.E.R.A. which would require the defendant to serve at least 85% of their prison sentence before they become eligible for parole.
- There is also a of ‘presumption of incarceration’ since it is a second degree crime. This means if a defendant pleads guilty or is convicted after trial, it is presumed that he or she will be sentenced to prison.
- Lastly, there is a potential fine of up to $150,000.00.
- A third degree burglary charge carries a potential of up to 5 years in a New Jersey State prison if convicted.
- However, there is a presumption of non-incarceration. This means that if a defendant pleads guilty or is convicted after trial, then it is presumed that he or she will not be sentenced to prison.
- Yet, there is still a potential fine of up to $15,000.00 and a criminal record that cannot apply for an expungement for 5 years (depending on the defendant’s criminal record). An expungement wipes away the arrest, charge, and conviction as if it never happened.
Burglary Defense Lawyers in Hackensack NJ
As you can tell from above, burglary is a very serious offense in New Jersey and the applicable penalties if convicted can be life changing. The staff at The Law Offices of Jonathan F. Marshall consists of ten attorneys who practice in criminal defense. We have the man-power, credentials, and experience to help you or a loved one that has been charged with burglary here in Bergen County. If you have any further questions regarding the offense of burglary or any other theft offense for that matter, please contact any one of our Bergen County offices to speak to an experienced criminal trial attorney. We can be reached 24/7 at 1-800-682-4037.