Essex County NJ Burglary Charges Lawyer
Arrested for Burglary in Essex County? We can help
Many people think that a burglary charge is similar to a robbery charge. However, unlike robbery or other theft crimes, burglary does not actually require a person to commit a theft. You can be charged with burglary simply for entering or remaining on someone else’s property without license to be there, so long as the prosecution can prove that you intended to commit a crime on the premises. Worse yet, New Jersey prosecutors tend to seek maximum penalties in burglary cases; as a result, you could be looking at significant jail time if you are convicted.
The lawyers at the Tormey Law Firm are passionate about representing clients accused of criminal offenses because we believe that everyone is entitled to a strong defense. We have handled numerous burglary cases in North Caldwell, Montclair, and everywhere else in Essex County, NJ. Our litigation team knows what it takes to win in the courtroom because we have a former municipal and county prosecutor on staff. Additionally, founding partner Travis J. Tormey previously worked at the United States Attorney’s Office.
Contact Our Firm Today
Call the Tormey Law Firm now at 201-654-3464 to get answers to questions about your burglary case and begin your defense. You can also view our Successful Burglary Verdicts & Settlements page.
Burglary Charges: N.J.S. 2C:18-2
Burglary charges in the State of New Jersey are governed by N.J.S.A. 2C:18-2. The statute prohibits a person from:
- Entering a structure or research facility without license or privilege to enter and with the intent to commit a crime
- Surreptitiously remaining in a structure or research facility without license or privilege to do so and with the intent to commit a crime
You can be charged with burglary even if you did not actually take anything. That’s because mere intent to commit a criminal offense, such as a theft or robbery, is enough to constitute burglary in New Jersey. You can also be charged with burglary for entering a structure (car, house) to commit an assault.
Burglary Penalties in Essex County, NJ
The penalties for a burglary offense are determined by the circumstances of the offense. In most circumstances, an offender will be charged with a third degree felony and face 3–5 years in state prison if convicted. However, an offender can be charged with a second degree felony and face 5–10 years in state prison if:
- The offender purposely inflicts bodily injury on another person during the burglary
- The offender attempts to inflict bodily injury on another person during the burglary
- The offender threatens to inflict bodily injury on another person during the burglary
- The offender is armed with a deadly weapon or explosives during the burglary
It is critical that you avoid being charged with second degree felony. Not only will you be subject to enhanced penalties; the charge will also carry a presumption of incarceration, which means that it will be almost impossible to avoid being sentenced to prison time if you are convicted.
Can I get PTI on my Essex County Burglary Charges?
If you are a first time offender and have been charged with burglary, you should apply for the Pre-Trial intervention program. If you are recommended to the program by probation and accepted into the program by the prosecutor and the Judge, you will be able to complete a probationary period and remain out of jail. In addition, you will be able to keep this felony off your record as the charges will be completely dismissed once you successfully complete probation. Then, you can file an expungement to have the arrest removed from your record as well.
Is Burglary a Felony in NJ?
Yes, burglary is an indictable (felony) charge which will be graded as either a 2nd degree or 3rd degree felony and is punishable by years in state prison and a felony on your record if convicted. These felony charges must be prosecuted by the County Prosecutor’s office in the county in which you were charged. Once the criminal complaint is filed, the prosecutor will present the matter to the grand jury for an indictment. In some cases, where they believe the case is not strong or sustainable, they may decide not to present the case to the grand jury and downgrade the charges to trespassing or theft as disorderly persons (misdemeanor) charges and remand them to the local Municipal Court.
Free Consultation with a Millburn Burglary Attorney
The Tormey Law Firm will do everything possible to ensure that a burglary charge does not destroy your life. Call us now at 201-654-3464 to discuss your burglary case with one of our experienced attorneys. You can also email us to schedule a meeting at our office in Newark, NJ.