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Burglary Defense Lawyers at Law Offices of Jonathan F. Marshall, 10 Allen St #2Dreet, Toms River, NJ 08753, Defend Clients Charged in Toms River, Manchester, Jackson, Brick, Berkeley, Lacey, Ocean Township, Point Pleasant, Seaside Heights, Stafford, Barnegat and Other Municipalities in Ocean County

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.

Berkeley NJ Burglary Attorneys

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.

What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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