Highly Skilled Former Prosecutors in Our Jersey City Office Are Ready To Discuss Your Hudson County Burglary Charge
There are serious consequences that result from a conviction for a burglary offense in New Jersey. At a minimum, the charge exposes someone charged with third degree burglary to up to five years of incarceration. A second degree burglary carries double that time in prison. It is therefore imperative that you retain a talented defense lawyer if you were arrested for burglary in Jersey City, Kearny, West New York, Hoboken, Union City or elsewhere in Hudson County.
The Hudson County NJ burglary lawyers at the Law Office of Jonathan F. Marshall have the qualifications to mount a potent defense. Our unique credentials include:
- 200 plus years of combined experience defending theft charges in Hudson County such as burglary
- Ten (10) lawyers whose practice is limited exclusively to criminal defense
- Former county prosecutors that have served in positions like Director of Major Crimes, the Drug Task Force, Special Operations and even an entire Trial Division
- Certified Criminal Trial Attorneys, a distinction enjoyed by less than 2% of those licensed in the state
- Office located directly across the street from the Hudson County Superior Court
An attorney on our team is available 24/7 to assist you in preparation for an initial appearance, detention hearing or any other proceeding in your burglary, theft by deception, theft of moveable property, unlawful possession of a weapon or any other criminal case. A lawyer is available for a free consultation now at 201-309-0500.
Burglary Charges in Hudson County New Jersey
The governing statute for a burglary charge in NJ is N.J.S.A. 2C:18-2 An individual can face either a second degree crime or third degree crime under this law. The headings below address some of the more common questions posed by those charged with burglary in Jersey City.
How Is The Offense of Burglary Defined Under New Jersey Law? Burglary is defined as the unauthorized entry into a structure for the purpose of committing a criminal offense such as theft, criminal mischief or aggravated assault.
What Elements Must Be Shown To Prove A Burglary Charge? There are two elements that must be established in order for the prosecutor to secure a conviction for burglary. First, the accused must enter a structure without a privilege or authorization to do so. Second, the defendant must enter the structure for the purpose of committing an offense. In order to convict someone for second degree burglary, an additional element must be proven — that the accused either threatened, attempted or inflicted bodily injury or, alternatively, was armed.
Does Someone Have To Break And Enter To Commit A Burglary? No. All that is required is that the entry be without authorization or a privilege.
What Is Considered A Structure Under the Burglary Law? The term “structure” is defined in N.J.S.A. 2C:18-1 as “structure means any building, room, ship, vessel, car or airplane as well as any place adapted for overnight accommodation of persons or for carrying on business whether or not a person is actually present.”
Is Burglary A Felony or Misdemeanor? New Jersey does not categorize criminal charges in terms of felony or misdemeanor. The terms used in this state are disorderly persons offense and indictable crime. Burglary is, as previously stated, either a third or second degree crime. Both of these grades of crime would be considered a felony.
When Is Burglary A Second Degree Crime Versus A Third Degree Crime? Burglary escalates to a second degree crime, as opposed to a third degree crime, when the actor is armed or force is used or threatened.
What Are The Penalties At The Time Of Sentencing For Burglary? As stated earlier, burglary can be either a second or third degree felony. A defendant faces a sentence of up to five (5) years in state prison and fine of up to $15,000 for a third degree crime such as burglary. Conversely, if a defendant is convicted of burglary in the second degree they face a sentence of five (5) to ten (10) years and a fine that can reach $150,000. In addition, burglary in the second degree is also subject to the N.E.R.A., which requires that a defendant serve at least 85% of their sentence before they become eligible for parole.
Hudson County NJ Burglary Defense Attorney
The Law Office of Jonathan F. Marshall has over two centuries of collective experience, including decades of prior prosecuting experience. Our team of burglary defense lawyers has the experience and skill set required to successfully defend your liberty. As you can tell from above, the penalties for any one convicted of burglary in New Jersey can be life changing. They include lengthy state prison sentences, high fines and a felony criminal record. If you would like a free initial consultation with a Hudson County, New Jersey burglary lawyer please contact our Jersey City office at (201) 309-0500 for a free initial consultation.