Burglary

New Jersey Burglary

Criminal Defense Attorney

A conviction for Burglary can have devastating consequences, including jail or prison time. It can also impact employment, housing, finances, education, reputation, and relationships. Because of this, it is crucial to have an experienced, skilled, and aggressive attorney by your side.

Ms. Denholtz is a fierce criminal defense trial attorney with over a decade of experience. Ms. Denholtz offers relentless advocacy, strategic defense, and exceptional service to clients accused of Burglary throughout New Jersey. Ms. Denholtz handles her cases with exacting attention to detail and works tirelessly to ensure her clients receive the best possible outcome for their individualized situation. At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves. If you or a loved one are facing Burglary charges, Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

Burglary

(N.J.S.A. 2C:18-1 and 18-2)

Burglary: Under N.J.S.A. 2C:18-2(a), a person is guilty of burglary if, with purpose to commit an offense therein or thereon he:

Enters a Structure: 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;

Remains in a Research Facility: 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

Trespass at Utility Company: 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.

*NOTE Regarding “Entry”: The crime of “burglary” is considered to be “complete” upon the entry to the structure or place with the purpose to commit an offense. N.J.S.A. 2C:18-2, Comment 1. If the premises are open to the public then the actor’s presence does not constitute an “entry.”

Grading of Burglary Offenses: Under N.J.S.A. 2C:18-2(b), burglary offenses are graded as follows:

2nd Degree Offense: Under N.J.S.A. 2C:18-2(b), burglary is a crime of the 2nd degree if in the course of committing the offense, the actor:
- Purposely, knowingly, or recklessly inflicts, attempts to inflict, or threatens to inflict bodily injury on anyone; or
- Is armed with or displays what appear to be explosives or a deadly weapon.
3rd Degree Offense: Under N.J.S.A. 2C:18-2(b), in all other circumstances burglary is a crime of the 3rd degree. 3rd degree offenses are punishable by up to 5 years in prison.

Burglary Definitions:

“In the course of committing”: An act shall be deemed “in the course of committing” an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.
“Structure”: A structure means any building, room, ship, vessel, car, vehicle, or airplane. A structure also means any place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.
“Utility Company Property”: Utility company property means property that is owned by a public utility, or by a municipality, county, water district, authority, or other public agency and which is used for the purpose of providing electric, gas, or water utility service.

*NOTE RE: NEW LEGISLATION: New legislation enhances the penalties for burglary of a "residential dwelling or accommodation" by upgrading 2nd degree burglary of a residential dwelling to a 1st degree offense AND upgrading 3rd degree burglary of a residential dwelling to a 2nd degree offense.

"Home Invasion Burglary" is now a 1st degree offense. 1st degree home invasion burglary has the same elements of a 2nd degree burglary under N.J.S.A. 2C:18-2, except that it applies only to burglary of a "residential dwelling or accommodation. where the defendant:
- Purposely, knowingly, or recklessly inflicts, attempts to inflict, or threatens to inflict bodily injury on anyone; or
- Is armed with or displays what appears to be explosives or a deadly weapon.
"Residential Burglary" is now a 2nd degree offense. 2nd degree residential burglary has the same elements of a regular 3rd degree burglary under N.J.S.A. 2C:18-2, except that it applies only to a burglary of a "residential dwelling or accommodation."
- Residential burglary is subject to the "No Early Release Act" unless the actor demonstrates by a preponderance of the evidence that the actor reasonably believed that no resident or any other person, other than a person acting in concert with the actor, was present in the residential dwelling or accommodation.
"Residential Dwelling or Accommodation" Defined: The law defines "residential dwelling or accommodation" as a permanent structure intended as and currently being utilized as a residence by a private person or persons, and any place adapted for overnight accommodation of persons. See N.J.S.A. 2C:18-1. In exchange, the law removes from the definition of "structure" the phrase "adapted for overnight accommodation of persons."
- Thus, ordinary burglaries under N.J.S.A. 2C:18-2 now apply only to a building, room, ship, vessel, car, vehicle, airplane, or any place for carrying on business other than a residential dwelling.
Graves Act Applies: A person charged with home invasion burglary OR residential burglary is subject to the Graves Act is a firearm was used in the course of the burglary (including mandatory extended terms for a second offender with a firearm).

Contact a New Jersey

Burglary Lawyer for a Free Consultation

If you or a loved one are facing criminal charges, it is crucial to hire an experienced criminal defense attorney. At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation. No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation. Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.