Possession or Manufacturing of Burglary Tools
If you have been charged with possession or manufacturing of burglary tools, then in layman's terms, you have been accused of making, creating and/or possessing tools that will aid in committing a burglary. In New Jersey, it is a crime for anyone to make or have burglar's tools in his or her possession. The definition of a burglar's tool includes any machine, tool or other implement that is created, manufactured or usually used for committing any theft or theft-related offense which involves forced entry. It does not matter if you have committed an actual burglary; if you have the tools, you can be charged with this offense. There are severe penalties in New Jersey if you are convicted of this crime.
If you are a resident of Ocean County or Monmouth County and you or a loved one has been charged with possession or manufacturing of burglary tools, contact Villani & DeLuca today. We service all towns in Ocean and Monmouth Counties, and occasionally other surrounding areas in southern NJ.
There is a specific New Jersey law regarding this offense and there are several clauses within the statute. The law reads as follows:
N.J.S.A. 2C:5-5. Possession of Burglary Tools.
2C:5-5. Burglar's Tools.
a. Any person who manufactures or possesses any engine, machine, tool or implement adapted, designed or commonly used for committing or facilitating any offense in chapter 20 of this Title or offenses involving forcible entry into premises
(1) Knowing the same to be so adapted or designed or commonly used; and
(2) 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.
b. 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 in chapter 20 of this Title or offenses involving forcible entry into premises is guilty of an offense.
The offense under a. or b. of this section is a crime of the fourth degree if the defendant manufactured such instrument or implements or published such plans or instructions; otherwise it is a disorderly person's offense.
Burglary Tools Offense: In Common Terms
In order to obtain a burglary charge conviction, the State has to ascertain four distinct elements. They are as follows:
- The defendant must have a tool in his possession or the State must show that the defendant had manufactured a burglary tool;
- The tool in question has to be a tool that would be used in a burglary, even if it had not been used yet or used successfully;
- The defendant had to have known that the tool in question was a burglar's tool;
- The defendant must have had the tool in his possession and planned to use it for burglary or manufactured the tool in order for it to be used in a burglary.
Sentences and Punishment for the Burglary Tools Offense
If you have been charged with possession of burglary tools and convicted, then you are guilty of a disorderly person's offense. You can serve up to six months in jail and may be charged with a fine of no more than $1,000.00. If you have been found guilty of creating or manufacturing burglary tools or publication of plans or instructions dealing with the manufacture or use of any burglar tools, then you are guilty of a crime of the fourth degree. You can face up to eighteen months in jail, pending probation and may pay a fine of up to $10,000.
As you can see, the penalties for this charge are quite serious. It is wise to speak with an experienced New Jersey criminal defense lawyer regarding your options. Contact the Ocean County law firm of Villani & DeLuca today to discuss your case.