Charged with Burglary in Monmouth County?

Legal Explanation of the Crime of Burglary

handcuffsBurglary is well known as the crime of “breaking and entering”. There is a common misconception that burglary means breaking and entering in order to steal, but in actuality it is any breaking and entering with the purpose to commit any crime once inside the building or dwelling entered. It just so happens that most burglaries are committed with the intent to steal.

New Jersey Burglary Laws

In New Jersey, a person is guilty of burglary if he or she enters any structure, or part of a structure, that is secured with the intent to commit a crime, and he or she has no right, privilege or license to be there. It is also burglary for a person to secretly remain in a secured structure in order to commit a crime or offense.

Trespassing with this same intent to commit a crime or offense on utility company property where public notice prohibiting trespass clearly is given is also considered burglary. New Jersey law specifies that breaking into or remaining in a research facility with the intent to commit an offense is burglary as well.

Burglary as a Second or Third Degree Crime

Burglary is a second degree crime if, in the course of committing the offense, the actor inflicts or threatens to inflict bodily injury on anyone, or if he or she is armed with or displays what appears to be explosives or a deadly weapon. In any other case, 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.

Burglary Tools Offenses

One can also face a fourth degree charge if he or she knowingly or purposefully manufactures tools, machines, or other devices made in order to assist in the crime of burglary. This charge applies to even print material, including instructions or plans that specify how to use or make tools for the purpose of burglarizing. The mere possession of such materials will be considered a disorderly person offense.

Punishment for a Burglary Conviction in NJ

As a minimum crime of the third degree, a burglary conviction will result in, at the lowest, up to $15,000 in fines and three to five years in prison.  If injury results or the defendant is armed with a deadly weapon during the burglary, he or she will be charged with burglary in the second degree, which comes with penalties of up to a $150,000 fine and five to ten years in prison.

Call Villani & DeLuca if You were Charged with Burglary

Located in Point Pleasant Beach, the experienced New Jersey criminal defense lawyers of Villani & DeLuca, P.C. often appear in Ocean County and Monmouth County courts to defend their clients charged with burglary and related offenses. Partner Carmine R. Villani, Esq. of Villani & DeLuca, P.C. has been practicing criminal defense for more than 18 years and is ready to defend your case. Call 732-965-3350 today for a free initial consultation.

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