What constitutes burglary in New Jersey?
Burglary in New Jersey involves entering a facility without permission during a time when it is not open to the public, with the intention to commit a crime inside.
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Burglary Charges
Charged with a criminal offense? We can help you. Our team of criminal defense lawyers, including former public defenders and prosecutors, have successfully helped thousands of clients fight their criminal charges. We proudly represent clients throughout New Jersey.
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One of the most common criminal charges in New Jersey is burglary. It is a very serious offense that carries severe penalties. According to the FBI, there were 31,710 burglaries reported by law enforcement in New Jersey in 2014, which means that there were 354.8 burglaries per 100,000 residents. In Jersey City alone, there were 887 burglaries during the same year.
Call our knowledgeable Jersey City criminal defense attorneys today at (201) 798-8000 for a free initial consultation.
What is Burglary in New Jersey?
Under New Jersey statute, a burglary involves all of the following elements:
- Entering a facility, structure, or separately secured or occupied part of a structure
- During a time when it is not open to the public
- Without permission
- With the intention to commit a crime inside
Often, people think of burglary as a crime that is similar to theft. While it is true that you can commit a burglary if you break into a building with the intent to commit theft inside, burglary also occurs if you break into a building with the intent to commit other crimes inside as well. It is also burglary to remain in that place surreptitiously with the knowledge that you don’t have permission to do so.
The statute also defines burglary as trespassing on property owned by a utility company where there is a publicly-posted notice that prohibits trespassing, even though you don’t intend to commit any other crimes on that property.
Penalties for Burglary
Normally, burglary is considered a third-degree felony, punishable by three to five years of jail time and up to a $15,000 fine. However, the statute defines certain aggravated circumstances that upgrade the offense to a second-degree felony punishable by up to 10 years of imprisonment and up to a $150,000 fine. These aggravating circumstances include:
- If the offender purposefully, knowingly, or recklessly attempted or threatened to inflict bodily injury. Making a simple threat to hit or otherwise harm a building occupant would be enough.
- If the offender was armed with or displayed what seemed to be explosives or a deadly weapon. It doesn’t matter if the offender displayed a weapon – if a witness or a victim perceived it to be so, it is enough for a second-degree felony charge.
Speak with Bhatt Law Group Right Away
Bhatt Law Group has a group of veteran Jersey City burglary defense attorneys with decades of combined experience serving the people of Jersey City. We will take the time to examine the circumstances of your case and determine whether there is enough evidence to support the burglary charges and whether there are any viable defenses. We will make sure you have the information you need to make the right decisions regarding your case, such as whether to reach a plea agreement or defend against the charges at trial.
Call Bhatt Law Group immediately at (201) 798-8000 so we can discuss your options with you.
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Your Criminal Defense Team
When you’ve been charged with a crime or a traffic offense in New Jersey, you need a dedicated team of lawyers who will fight your charge aggressively. At Bhatt Law Group, our criminal defense team is made up of skilled and experienced trial attorneys, including a former prosecutor, who will work hard to get you the best possible outcome for your case.
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Frequently Asked Questions
What are the penalties for burglary in New Jersey?
Burglary is typically a third-degree felony, punishable by 3 to 5 years in prison and up to a $15,000 fine. Certain aggravated circumstances can elevate it to a second-degree felony, with penalties of up to 10 years in prison and a $150,000 fine.
What are aggravated circumstances in burglary cases?
Aggravated circumstances include attempting or threatening bodily injury or being armed with a weapon or explosives, which can elevate the charge to a second-degree felony.
Is burglary the same as theft?
No, while burglary can involve theft, it also includes the intent to commit other crimes inside a building.
Can I be charged with burglary if I remain on a property without permission?
Yes, remaining on a property surreptitiously without permission can also constitute burglary.
How can Bhatt Law Group help with burglary charges?
Bhatt Law Group offers experienced defense attorneys who will examine your case, evaluate the evidence, and help you make informed decisions regarding plea agreements or trial.
What should I do if I am charged with burglary?
Contact Bhatt Law Group immediately at (201) 798-8000 for a free consultation to discuss your options.
Where is Bhatt Law Group located?
Bhatt Law Group proudly represents clients throughout New Jersey, specifically in Jersey City.
Is the consultation with Bhatt Law Group free?
Yes, the initial consultation with Bhatt Law Group is free.
How can I contact Bhatt Law Group?
You can call Bhatt Law Group at (201) 798-8000 to schedule a consultation.