Burglary has become a rather common charge issued in New Jersey, including in Somerset and Hunterdon County over the years. One of the main reason for that is probably the “war on drugs” that New Jersey as a whole has been battling for the better part of the last decade. All theft related offenses, including burglaries, always tend to increase when drug abuse is one the rise. Whether you have been charged with burglarizing a residence, a car or a building in Somerset or Hunterdon County, the criminal defense attorneys at Keith Oliver Criminal Law can help. Burglary is a serious felony offense in New Jersey and one that should not be taken lightly. If not handled properly, a Defendant could end up serving a decade behind bars. If you would like to speak to one of our Somerset County criminal defense attorneys about your options then please contact us at (908) 533-1064.
The attorneys at Keith Oliver Criminal Law have been defending clients accused of burglary, passing a bad check, robbery, carjacking, receiving stolen property, shoplifting, theft of services and theft by deception in courts throughout New Jersey, including courts throughout Somerset and Hunterdon County as well. If you have been charged with burglary in Bridgewater, Bound Brook, South Bound Brook, North Plainfield, Watchung, Raritan, Hillsborough or Somerville, we can help. If you would like to come into our office and speak to one of our criminal defense lawyers about your options then please contact us at (908) 533-1064. We are well aware of the stress and pressure that most are under when they are facing criminal charges. As such, we try to make ourselves available around the clock to help assist in anyway that we can. So, if you have any questions whatsoever please do not hesitate to contact us.
What You Need to Know about Burglary Charges in New Jersey?
The crime of burglary is governed by NJSA 2C:18-2 in New Jersey. The legislature have broken down the offense into two different subsections. With that being said, this offense in essence covers a situation where in which the Defendant is alleged to have entered a “structure” with the intent to commit an offense therein. In other words, this offense simply covers the actual act of entering into the structure. Here is a breakdown in the two different subsections and what exactly the state must prove.
What Must the Prosecution Prove for a 3rd Degree Burglary Case?
Third Degree Burglary Charges in Somerset County NJ: NJSA 2C:18-2a
In order to be convicted of a third degree burglary charge in New Jersey the prosecution must prove the following two elements:
- That the Defendant entered the research facility or structure without permission; &
- The Defendant did so with the underlying purpose to commit an offense therein.
What Must the Prosecution Prove for a 2nd Degree Burglary Case?
Second Degree Burglary Charges in Somerset County NJ: NJSA 2C:18-2b
To be convicted of a second degree burglary charge in New Jersey the prosecution must prove the following elements:
- That the Defendant entered the research facility or structure without permission;
- The Defendant did so with the underlying purpose to commit an offense therein; &
- In doing so, the Defendant purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or
- The Defendant was armed with or brandishes what appears to be explosives or a deadly weapon.
So in essence, to make it in second degree burglary the Defendant must either use or threaten to use force and/or possess a weapon.
It is important to note here that the offense of burglary does not just cover a situation in which the Defendant breaks into a structure. It can include a situation where the Defendant surreptitiously remains in the structure knowing that he is not licensed or privileged to do so.
What will be Considered a Structure Under New Jersey Burglary?
A structure includes any of the following:
How to Post to Bail on a Burglary Charge in Somerset County
As of 2017 the bail system in New Jersey has forever changed. The system is now mirrored off of the Federal system, which is based purely on a risk assessment basis. Traditionally, that has lead to more people being released on either a ROR status or with certain bail conditions, including electronic monitoring. However, if the facts are egregious enough, the prosecution now has the ability to detain a Defendant without bail, pending trial. But before they can do so, a Detention Hearing must take place. These hearings can be and always should be contested. To speak to one of our attorneys about your options when it comes to a Detention Hearings please contact us at (908) 533-1064.
If it is determined that an individual will be released on pretrial release, whether it be by way of consent of the prosecutor or by way of a denial of a detention motion, here are some of the following conditions that could be imposed:
- Released on an ROR
- Released on Pretrial Monitoring Level I
- Report Via the Phone Once Per Month
- Released on Pretrial Monitoring Level II
- Report to Pretrial Services Once Per Month & Report Via the Phone Once Per Month
- Released on Pretrial Monitoring Level III
- Report to Pretrial Services Once Every Other Week & Report Via the Phone Once Every Other Week
- Released on Pretrial Monitoring Level III+
- Report to Pretrial Services Once Every Other Week & Report Via the Phone Once Every Other Week; Electronic Monitoring or Home Detention
What is the Jail Time for a Burglary Charge in NJ?
The offense of burglary is either a second or third degree felony offense in New Jersey. Regardless of the degree, the potential penalties are life changing. Here is a breakdown of the different degrees.
2nd Degree Burglary Charges in NJ
- Five to ten years in a Prison;
- Presumption of Imprisonment
- No Early Release Act applies
- $150,000 Fine;
- Felony Criminal Record.
3rd Degree Burglary Charges in NJ
- Three to five years in a Prison
- Presumption of Non-Imprisonment*
- $150,000 Fine
- Felony Criminal Record
* This can be overcome if the Defendant has a prior criminal history or if the facts are egregious enough
Common Criminal Offenses Charged in Connection with Burglary Charges in NJ
Since the crime of burglary requires the unlawful entry of a structure with the intent to commit a crime therein, it is beyond common and quiet frankly necessary, for the individual to be charged with multiple offense(s). By far the three most frequent offenses that we seeing be issued in connection with a third degree burglary is theft of moveable property, robbery and aggravated assault. When it comes to a second degree burglary we typically always see unlawful possession of a weapon and possession of a weapon for an unlawful purpose charges being issued. Since burglary is a felony offense, regardless of what the additional offense are, the entire case must be transferred to the Superior Court for litigation.
Speak to an Experienced Burglary Defense Attorneys in Franklin NJ
If you have been charged with a criminal offense like burglary, terroristic threats, receiving stolen property, theft of services, insurance fraud, robbery or unlawful possession of a weapon the criminal defense lawyers at Keith Oliver Criminal Law can help. These are serious criminal offenses that that should not be taken lightly. The potential penalties if convicted can be absolutely devastating. If you would like to speak to one of our attorneys about your options then please contact us at (908) 533-1064. We serve all of Somerset and Hunterdon County, including Bound Brook, South Bound Brook, North Plainfield, Watchung, Bridgewater, Bedminster, Franklin, Raritan, Readington and Montgomery. As always, our initial consultations are free of costs, so if you have any questions, please do not hesitate to contact us.