Possession or Manufacturing of Burglary Tools
Manufacturing or possessing burglary tools in NJ can result in serious ramifications. The attorneys at firm, the Law Offices of Jonathan Marshall, have over 60 years of experience to insure that the impact of this offense is, however, minimized. Our lawyers include two former prosecutors and another attorney with over thirty (30) years in practice. Give us a call anytime 24/7 for a complimentary initial consultation for your burglary tools charge.
New Jersey Law: Possession of Burglary Tools
The law governing the manufacture or possession of burglary tools is contained at N.J.S.A. 2C:5-5. This NJ statute provides as follows:
2C:5-5. Burglary Tools.
a. Any person who manufactures or possesses any engine, machine, tool or implement adapted, designed or commonly used for committing or facilitating any offense in chapter 20 of this Title or offenses involving forcible entry into premises
(1) Knowing the same to be so adapted or designed or commonly used; and
(2) With either a purpose so to use or employ it, or with a purpose to provide it to some person who he knows has such a purpose to use or employ it, is guilty of an offense.
b. Any person who publishes plans or instructions dealing with the manufacture or use of any burglar tools as defined above, with the intent that such publication be used for committing or facilitating any offense in chapter 20 of this Title or offenses involving forcible entry into premises is guilty of an offense.
The offense under a. or b. of this section is a crime of the fourth degree if the defendant manufactured such instrument or implements or published such plans or instructions; otherwise it is a disorderly persons offense.
Explanation of Offense
There are four (4) elements under N.J.S.A. 2C:5-5 that the state must establish if it is to obtain a conviction. First, the defendant must have possessed or manufactured a tool. Second, the tool must be for use in burglary. Third, the suspect must have known that the item was a burglars tool. And fourth, the accused manufactured or possessed the tool for use in a burglary. An item is a "burglar's tool” if it is adapted, designed or commonly used for committing a burglary, including entry into a dwelling or premises.
Penalties & Punishment
It is a Fourth Degree crime where an individual is found guilty of manufacturing burglary tools. The penalty for a Fourth Degree offense includes 0-18 months in jail and/or probation, and a fine of up to $10,000. Possessing burglary tools is a disorderly persons offense punishable by 0-6 months in jail, and a maximum fine of $1,000.
Our attorneys can provide you with the guidance you need in this difficult time. Don't make the mistake of being ill informed as our lawyers possess decades of experience and would be happy to assist you. A lawyer is available immediately at 1-877-450-8301.