The Iler Law Firm represents individuals charged with criminal offenses such as marijuana possession and distribution, driving while intoxicated (DWI), robbery, and burglary throughout New Jersey including Monmouth, Union, Middlesex, Somerset, and Ocean County, NJ. Our experienced criminal defense lawyers are available immediately for a free initial consultation to develop a comprehensive defense strategy to your burglary charges. Contact our office at 732-842-7787 for immediate assistance.
New Jersey Burglary Law: N.J.S.A. 2C:18-2
In New Jersey, burglary is governed by N.J.S.A. 2C:18-2 which states:
§ 2C:18-2. Burglary
a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein he:
(1) 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; or
(2) 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.
b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:
(1) Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or
(2) Is armed with or displays what appear to be explosives or a deadly weapon.
Otherwise burglary is a crime of the third degree. An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.
Penalties for Burglary in New Jersey
As the above statute enumerates, burglary is typically a third degree crime unless 1) there is an assault or attempted assault involved or 2) the actor is armed with a deadly weapon. In those cases, it becomes a second degree offense.
It is important to understand the elements of the above statute. First, the defendant must have entered the structure "with the purpose of committing a crime therein". This is the key element of the statute: you must have entered the structure or facility with the purpose of committing another crime. Also, notice that breaking into the structure is not a necessary element under the statute. The important issue is whether or not the individual had a license or right to be in the structure or facility. If not, and the other elements of the statute are met, there are grounds for a burglary charge. For additional information, please contact the Iler Law Firm for immediate assistance.
