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Burglary

Middletown NJ Burglary Charge Lawyers

Burglary is a very common offense in Monmouth County. Whether you are talking about a car, school, gas station, house or some other structure, most of the police departments in the county file this breaking and entering charges routinely. When the entry into a residential dwelling is particularly flagrant, the charge can mushroom to a variety of violation commonly referred to as “home invasion”.  If you were arrested for breaking into a structure in Freehold, Eatontown, Tinton Falls, Ocean Township, Aberdeen, or Marlboro, including a motor vehicle, call our criminal firm for immediately assistance. Our attorneys, several of whom are former prosecutors within Monmouth County, have been defending burglary charges in this area for over 100 years collectively. A burglary offense defense lawyer is available now in our Freehold Office at 732-462-1197 or Red Bank Office at 732-450-8300 for free consultation.

Burglary Offense in Monmouth County

The charge of burglary is contained at N.J.S.A. 2C:18-2. The related violation of possession of burglary tools is set forth at N.J.S.A. 2C:5-5. Burglary occurs when someone unlawfully enters a structure for the purpose of committing some form of offense whether it be a theft, criminal mischief or worse. When someone enters a structure and there is physical contact or threats, or they are armed to display what appears to be a deadly weapon, the charge escalates into a second degree crime. The following is a review of the important components of this law:

  • What Constitutes a “Structure” under 2C:18-2? The term structure is defined broadly to include, but not be limited to, a building, room, vessel, car, truck, tractor trailer or airplane. It basically encompasses any separately secured area.
  • Unlawful Entry Defined. The statute requires unlawful and/or unprivileged entry without regard to breaking anything. Efforts to force or break into a structure are not required under N.J.S.A. 2C:18-2. The entry is not actionable, however, where the location or premises are opened to the public.
  • Purpose or Intent Required. As previously stated, the accused must enter the structure with the intention of committing some variety of crime or disorderly persons offense.

There are four (4) elements to burglary that must be established by the Monmouth County Prosecutor’s Office in order to obtain a conviction. First, there must be entry. Second, the placed entered must be a structure. Third, the accused must not have possessed a license or privilege to enter. Fourth, the entry must have been for the purpose of committing an offense.

Grading & Penalties for Burglary

In most cases, burglary will be a third degree crime. The offense is enhanced to a second degree crime if: (1) the actor threatens or inflicts bodily injury on someone during the commission or flight from the burglary; (2) is armed with a deadly weapon; or (3) if he or she displays what appears to be a deadly weapon. Third degree burglary results in punishment that can include a $15,000 fine and up to five (5) years in prison. Second degree burglary carries a maximum fine of $150,000 and state prison term of 5-10 years. In addition, the No Early Release applies when the conviction is for the second degree crime version. This provision of the law mandates that an individual serve at least 85% of their sentence before they may be considered for parole.

Ocean Township NJ Burglary Attorney

With the drug and opiate problem being described as an epidemic, it is no surprise that burglaries are more common than ever these days. This is particularly true with respect to car break-ins at Freehold Mall, Monmouth Mall, Seaview Square Mall and in large commuter parking lots like the one at the Middletown Train Station. If you were arrested for burglary of a home, car or any other facility, call our lawyers for the attention you deserve. Make no mistake about it, this is a charge that can land you in jail so representation from a skilled burglary attorney is very important to your future. The former prosecutors at our firm have defended hundreds of Freehold burglary cases arising in towns all over Monmouth County, including MiddletownHowell, Manalapan, Holmdel, Long Branch or Manasquan.  Our Freehold Office and Red Bank Office is available immediately to assist you with a lawyer available 24/7 for consultations.