It is commonly believed that a burglary happens when someone breaks into a person’s house and steals something. Although this is true to some degree, burglary can include various other activities. A burglary occurs in South Brunswick if a person enters a structure without permission, such as a house, school or motor vehicle, with the purpose of committing a crime. A burglary charge doesn’t require that the purpose of the entry was to commit a theft offense; it can include any crime, such as sexual assault or criminal mischief. The stakes in a South Brunswick burglary case are extremely high so there is no room for a mistake in selecting the wrong attorney to defend you. You will need a skilled criminal lawyer at your side throughout the proceedings at the Middlesex County Courthouse if you want to avoid a conviction. The lawyers at the Law Offices of Jonathan F. Marshall have over 100 years of combined experience defending all theft related offenses arising in South Brunswick, including burglary. Our team of lawyers is available 24/7 for free consultation. To speak to one of the attorneys at the firm anytime 24/7 without charge, call us at 732-210-6241.
Burglary Charge in South Brunswick
Burglary is the unauthorized entering or remaining on a property that you have no lawful right to be on for the purpose of committing an offense. The New Jersey Criminal Code under section N.J.S.A. 2C:18-2 defines a burglar as someone who:
- 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;
- 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
- 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.
There are two different types of burglary offenses a person in South Brunswick can be charged with. The first offense, “unauthorized entry,” occurs when a person enters a structure or research facility with no lawful permission. It is not required for the state to prove that you actually entered, as long as you attempted to enter you can be charged. For example, breaking a window or a door in an attempt to enter a house is sufficient reason to pursue a burglary charge. Further, a burglary charge can be pursued if the purpose of unauthorized entry is to commit any crime, not only theft.
The second burglary offense is when an individual “surreptitiously remains.” This occurs when a person secretly remains in a structure or research facility without permission, with the purpose of committing a crime. For example, hiding in a retail store bathroom until after they have closed in order to steal merchandise.
Penalties for Burglary. Burglary is typically charged as a crime of the third degree. Crimes of the third degree carry penalties including fines of up to $15,000 and 3-5 years in prison. However, if in the act of committing the crime the individual is armed with a deadly weapon or what appears to be an explosive device, the offense will be enhanced to a second degree crime. Second degree crimes are far more serious and carry penalties of up to 10 years in prison and a fine of $150,000.
South Brunswick Burglary Defense Lawyer
Considering the severity of the penalties associated with burglary offenses, it is wise to retain a skilled criminal defense lawyer if you were charged with this offense in South Brunswick or anywhere else in Middlesex County. The lawyers at the Law Offices of Jonathan F. Marshall have the skill and experience to help you avoid the consequences of a burglary conviction with countless stories of success behind them. Our lawyers have avoided a burglary conviction and penalties for many clients and are ready to achieve a similar outcome for you. To speak to a burglary attorney about your South Brunswick criminal charges, contact our New Brunswick Office at 732-210-6241.
