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Woodbridge NJ Burglary Defense Attorney
Burglary is an offense which arises often in Middlesex County because of the wide range of structures that fall within the scope of this violation. You can be charged with burglary for breaking into any structure including not only a house or dwelling but also a car. What differentiates burglary from a trespass is the requirement that entry be for the purpose of committing a theft or other criminal offense. Not surprisingly, a felony results when this additional element exists. If you were arrested in Woodbridge, Edison, East Brunswick, Plainsboro or South Amboy for allegedly violating N.J.S.A. 2C:18-2, it is in your best interests to retain an attorney as soon as possible. A lawyer who is skilled in defending burglary charges is going to provide the greatest chance of escaping the pitfalls of a conviction. The lawyers at The Law Offices of Jonathan F. Marshall have been defending indictable offenses of the third degree and second degree like burglary for decades. We also have significant experience serving as prosecutors, even in the Middlesex County Prosecutor’s Office. To speak to a member of our staff immediately, call our Woodbridge Office at 732-634-0700.
Material Elements Necessary To Prove A Burglary Charge. There are four elements of proof in order for the state to convict you of burglary. It must be established, beyond reasonable doubt that you: (1) entered a location; (2) that is considered a structure; (3) without a license or privilege to do so; and (4) for the purpose of committing some type of offense. The term “structure” is defined broadly to include a building, room, vessel, car, truck or airplane.
Purpose To Commit An Offense. In order to sustain a prosecution for burglary, there must be proof that entered the structure with the purpose to commit some type of offense including, but not limited to, elude the police, commit a theft, engage in domestic violence.
Grading of Offense. Burglary is typically a crime of the third degree. The offense is enhanced to a second degree crime if, during the course of the entry, the accused: (1) purposely, knowingly or recklessly inflicted, attempted to inflict or threatened to inflict bodily injury on anyone; or (2) was armed with or displayed what appeared to be an explosive or a deadly weapon.
Penalties. Third degree burglary results in a fine of up to $15,000 and the possibility of a state prison term of up to five years. Second degree burglary carries a sentence of five to ten years in prison and a fine up to $150,000. In addition, the New Early Release Act is triggered which requires that a defendant serve at least eight-five percent of his or her sentence before they may be considered for parole.
New Brunswick Burglary Lawyer
All burglary cases in Middlesex County are handled in New Brunwick since that is the only place where a second or third degree crime can be heard. Charges filed in Jamesburg, Milltown, North Brunswick, Piscataway, Sayreville or anywhere else in the county will require representation by a lawyer that knows how to navigate the county courthouse. This is exactly what the attorneys at The Law Offices of Jonathan F. Marshall can offer you in defending your burglary offense. To speak to an attorney on our team anytime 24/7, contact our New Brunswick Office by calling 732-246-7126.