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Burglary: N.J.S.A. 2C:18-2

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Arrested for Burglary in Essex County? We can help

Essex County Burglary Charges Arrested Help Best Defense
Burglary in New Jersey

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:

  1. Entering a structure or research facility without license or privilege to enter and with the intent to commit a crime
  2. 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.

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.

What our clients say about us

Excellent attorney, highly recommend his talents

"I was facing serious trouble for marijuana possession. Was looking at probation, loss of driving privileges and even jail time. Travis's great knowledge of his clients constitutional rights"

Jon

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Our NJ lawyers represent clients in Belleville, Bloomfield, Caldwell, Cedar Grove, City of Orange, East Orange, Essex Fells, Fairfield, Glen Ridge, Irvington, Livingston, Maplewood, Millburn, Short Hills, Montclair, Upper Montclair, Newark, North Caldwell, Nutley, Roseland, South Orange Village, Verona, West Caldwell, West Orange, Wayne, Clifton and Paterson. Call us at 201-654-3464 or toll-free at 888-668-1940.


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