Former County Prosecutors At Our Firm Are Ready To Discuss Your Burglary Charge in Clinton, Raritan, Readington, Lebanon & Elsewhere In Hunterdon County
One of the more common indictable theft crimes (e.g. second-degree or third-degree) in Hunterdon County is a burglary. Although this offense tends to conjure up visions of something extreme, all it takes is an unauthorized entry into a structure for the purpose of committing some type of offense. If you were charged with burglary in Hunterdon County, it is important that you take swift action to secure an attorney. Failure to secure a dismissal or downgrade will result in your having a felony criminal record and being exposed to a state prison sentence. Our team of accomplished defense attorneys has the qualifications to ensure that you avoid these ramifications.
We are the Law Offices of Jonathan F. Marshall, a firm specializing in criminal defense in Hunterdon County and elsewhere around the state. The staff includes 10 lawyers who have been handling burglary, robbery and other criminal charges for more than 200 years combined and who also have the benefit of significant time serving as either a county or municipal prosecutor. Our work in this area of law is so extensive that we have been certified as criminal trial attorneys. To speak to a lawyer about your breaking and entering offense, contact our Flemington Office at (908) 824-0855.
The attorneys at Law Offices of Jonathan F. Marshall defend clients charged with burglary throughout Hunterdon County, including those arrested in Flemington, Raritan Township, Lebanon, Union Township, Readington, Alexandria, Tewksbury, Holland, East Amwell, Lambertville, Bethlehem, Delaware Township, Kingwood, Glen Gardner, Hampton, West Amwell, Milford, Frenchtown, Califon, Bloomsbury or Stockton New Jersey.
Burglary Charge in Hunterdon County New Jersey
The criminal charge known as burglary is set forth under N.J.S.A. 2C:18-2. This law makes it either a third-degree crime or second-degree crime to enter or “surreptitiously remain” in a structure without a license or privilege for the “purpose to commit an offense thereon.” A burglary charge also arises when an individual trespasses on property of an utility company despite a sign, fencing or other barrier indicating no trespassing.
The term “structure” is defined under N.J.S.A. 2C:18-1 as a building, room, car, truck, van, plane, boat or any other place capable of overnight stay or for conducting business. Another term that is important to understand is “surreptitiously remaining.” An individual commits burglary in this manner if they remain on property in a manner intended to avoid detection.
What Penalties May Be Imposed At The Time Of Sentencing For Burglary At The Hunterdon County Superior Court in Flemington?
Burglary is a second-degree crime under two circumstances. The first instances where conduct escalates to second-degree burglary is where the actor “[p]urposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone.” The second way this occurs is when the actor is armed or displays what appears to be a deadly weapon or explosive.
The penalties for burglary depend on the degree of offense to which the defendant is sentenced. The penalties for third-degree burglary include up to 5 years in prison and a fine of up to $15,000. A second-degree crime for burglary carries 5-10 years in prison and a fine of up to $150,000. In addition, the No Early Release Act applies at the time of sentencing for second-degree burglary. This provision of the law requires that a defendant serve at least 85% of their prison sentence before they can be considered for parole.
Are There Additional Consequences If A Firearm Is Used In A Burglary?
The Graves Act applies if a firearm is possessed during the commission of a burglary offense. This law requires that an individual satisfy a mandatory minimum period of incarceration before they are eligible for parole.
Can Pretrial Intervention Be Used To Divert A Burglary Charge?
An individual is eligible for Pretrial Intervention (“PTI”) if they are a first-time offender, who has never been granted a diversion previously, and is facing a third-degree burglary offense.
Hunterdon County Burglary Defense Attorney
Burglary charges are clearly nothing to ignore given the severity of the consequences in the event you are convicted. Retaining a lawyer that has vast experience defending individuals charged with felonies like a Hunterdon County burglary offense is certainly your best move in our opinion. Here at the Law Offices of Jonathan F. Marshall, we possess a crew of talented criminal attorneys that will invest their time and skill so that you achieve the most favorable outcome in your case. For a free consultation with an attorney anytime 24/7, call (908) 824-0855.
Contact the Law Offices of Jonathan F. Marshall to speak to a criminal defense lawyer about your burglary offense at the Hunterdon County Superior Court in Flemington, including charges filed in Readington, Clinton, Union Township, Raritan Township, Bethlehem, East Amwell, Lebanon, Tewksbury, Holland, Alexandria, Lambertville, Delaware Township, Kingwood, Franklin Township, West Amwell, Glen Gardner, Hampton, Frenchtown, Califon, Stockton, Milford & Bloomsbury NJ.