Gloucester Township Burglary Lawyer
Although terms like robbery and burglary are often used by non-lawyers, rarely do people understand what is really involved with these offenses. In terms of burglary, it refers to unlawfully breaking and entering into a the structure for the purpose of committing some sort of disorderly persons offense or crime. For example, the burglary might be simply to commit criminal mischief or something much more serious like a major theft of movable property. Either way, however, burglary is an indictable offense (i.e. a felony ) under N.J.S.A. 2C:18-2 that can result in a second degree crime or third degree crime. Second degree burglary carries up to ten (10) years in prison, a $150,000.00 fine, and falls within the No Early Release Act (“NERA”) that mandates that a defendant service serve 85% of the imposed sentence before they can be considered eligible for parole. As you can clearly see, the penalties and repercussions of being convicted at the Camden County Superior Court for a burglary in Gloucester Township, Haddon Township, Lindenwold or another municipality can truly be life-altering. Facing these charges on your own is not only an overwhelming task but foolish in almost anyone’s view. The attorneys at our Camden Law Firm can offer decades fighting burglary charges in NJ and a staff with over 100 years experience combined. We also happy to have several lawyers on our team that are former prosecutors. Contact our criminal office today at 856-662-8300 to speak with an experience criminal attorney.
Burglary Charge in Winslow Township NJ
The New Jersey legislature established three (3) ways under which an individual may be charged with burglary. Under N.J.S.A. 2C:18-2, these three acts include:
- If someone enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter;
- Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so; or
- Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.
As mentioned above, the individual charged with burglary must also intend to comit a crime while within the structure. This element of intent to commit a crime must occur in conjunction with any one of the above three mentioned acts. In determining whether there was an intent to commit an offense within the structure, the fact finder (be it juror or judge) may infer from all surrounding circumstances of defendant’s actions in entering the structure that the defendant intended to commit the alleged offense.
Second and Third Degree Burglary Charges in Camden
Burglary is generally graded as a crime of the third degree, assuming the above mentioned elements of the offense are met. However, under certain circumstances a defendant may be charged with second degree burglary. These circumstances include:
- The defendant purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone during the course of the burglary.
- The defendant is armed with or displays what appears to be explosives or a deadly weapon during the course of the burglary.
What are the Penalties for Burglary in Pennsauken NJ
If convicted of burglary in the second degree, a defendant will face anywhere between five (5) to ten (10) years in a New Jersey State Prison, as well as a fine up to $150,000.00. This term of imprisonment with be subject to NERA implications, which require a period of parole ineligibility of 85% or eight and one-half years for a ten year sentence. If convicted of burglary in the third degree, a defendant will face three (3) to five (5) years of imprisonment and a $15,000.00 fine.
Cherry Hill Burglary Attorneys
Prosecutors and judges that oversee burglary cases in Camden NJ take this charge very seriously. This is especially true where the violation involves entry into someone’s house whether the incident occurs in Cherry Hill, Voorhees, Haddonfield Borough, Bellmawr, Collingswood or another town in Camden County. There is always exposure to a lengthy state prison term and a felony criminal record. It is imperative for anyone facing a burglary charge to pick the right attorney to defend them. Our lawyers would be more than happy to meet with you immediately to discuss the best options for avoiding a conviction under N.J.S.A. 2C:18-2. We are available 24/7 for free consultation.