Ocean County has its share of burglary charges, especially those involving breaking into a car, truck or other vehicle. Nonetheless, the offense is a serious matter given that it is always a felony whether involves a residential burglary or not. For these reasons, it is important to obtain an experienced attorney who has handled burglary cases in the past and is familiar with the Ocean County Superior Court in Toms River.Manchester NJ Burglary Defense Lawyer
Our attorneys possess this pedigree with over a century of combined experience, including time serving as county and municipal prosecutors in towns like Jackson, Brick, Stafford, Berkeley and Manchester. If you have been charged with committing a burglary, an attorney on our team certainly has the tools to protect your interests. To speak to a lawyer about the particulars of the complaint or indictment you are facing, contact our Toms River Office at (732) 286-6500.Burglary in Ocean County
The law that sets forth the offense of burglary is N.J.S.A. 2C:18-2. A violation of this statute results in either a third degree crime or second degree crime depending under certain underlying facts. Burglary is defined under 2C:18-2 as "entering or surreptitiously remaining at a structure or separately secured portion that is not open to the public and to which the actor has no license or privilege to enter, for the purpose of committing some variety of criminal offense (e.g. theft, criminal mischief, assault, etc.). The following are some of the more important terms and concepts for purposes of understanding burglary.
Material Elements. There are four elements that the prosecutor must establish, beyond reasonable doubt, to prove a burglary including: (1) entry by the accused; (2) into a structure; (3) that is not open to the public nor licensed to enter; and (4) entry for the purpose to commit an offense.
Definition of Structure. The term "structure" means a building, room, boat, car, truck or airplane as well as any place adapted for overnight accommodation of persons or for carrying on business whether or not a person is actually present
Entry. There is no requirement that the accused "break" into a structure as all that is required in accordance with N.J.S.A. 2C:18-2 is that the entry be unauthorized. If the property is open to the public or there is a license to enter, there is no burglary.
For the Purpose of Committing an Offense. The unauthorized entry must be to commit an offense. The classic scenario for burglary an entry to commit a theft although just any variety of violation suffices (e.g. to commit criminal mischief, assault, harassment, etc.).
Grading of Offense. Burglary is typically a third degree crime. This offense is enhanced to a second degree crime, however, when the accused: (1) purposely, knowingly, or recklessly inflicts, attempts to inflict, or threatens to inflict bodily injury on another person; or (2) is armed with or displays what appears to be a deadly weapon or explosives.
No Early Release Act. The No Early Release Act applies to a second degree burglary conviction. What this means is that a defendant must serve at least 85% of any period of incarceration before becoming eligible for parole.
Penalties for Burglary. Third degree burglary results in a maximum fine of $15,000 and up to 5 years in prison. Second degree burglary carries 5-10 years in prison and a fine that can reach $150,000.
If you were arrested for burglary in Lacey, Ocean Township, Point Pleasant, Seaside Heights or Barnegat, the attorneys at our firm are qualified to defend your case. We are former prosecutors and other lawyers with extensive experience defending burglary charges at the county courthouse in Toms River. To speak to an attorney immediately, call the office in Toms River at (732) 286-6500. A lawyer is ready to address your questions and to formulate a plan so that you have the best chance for escaping a conviction.