Burglary Attorney in Middlesex County
Are you facing burglary charges in Middlesex County? If so, I’m sure you have plenty of questions and concerns. We have put together this article to answer many of the common questions we receive from prospective clients charged with burglary. First, let me say that burglary charges are much more common than you may think. Towns like North Brunswick, Sayreville, Old Bridge and Woodbridge make dozens of burglary arrests throughout the year. And since burglary often involves breaking into a “structure” and then committing a theft once inside, it is often issued in conjunction with charges for theft of movable property, criminal mischief, trespassing and receiving stolen property. It is important to note, that burglary is also considered an act of domestic violence in New Jersey, which means it may lead to a restraining order in addition to any criminal charges. Due to the prevalence of burglaries and the range of situations in which they can occur, county prosecutors prosecute burglary offenses severely. With this in mind, it is essential to have an experienced criminal attorney defending you against burglary charges.
How Can I Get Charged With Burglary If I Didn’t Take Anything?
The crime of burglary happens the instant a defendant enters a structure with intent to commit a crime inside, according to New Jersey law. In other words, a defendant need not actually commit a crime once he gets inside a building in order for the crime of burglary to have been committed. This dispels the common misconception that if you didn’t take anything it’s not actually a burglary. While burglary is typically associated with home invasion, the statute that governs these offenses, N.J.S.A. 2C:18-2, refers to any structure, including a residence, commercial or office building, car, truck, or even a boat. In recent years, motor vehicles have been increasingly burglarized, resulting in many burglary charges related to car break-ins.
How Can A Middlesex County Burglary Lawyer Help Me?
Most defendants who are facing burglary charges are going to want to do everything they can to minimize or even completely avoid the penalties and consequences that come with a conviction. An experienced Middlesex County criminal defense lawyer can mean the difference between a conviction with incarceration or a dismissal. The attorneys at William Proetta Criminal Law dedicate their law practice to defending clients for criminal and municipal court charges including burglary in Middlesex County and throughout New Jersey. In past burglary cases, we have successfully secured many clients’ admittance into Pre-Trial Intervention which results in no conviction and no incarceration upon completion. Moreover, we have also been successful in downgrading several felony burglary cases to disorderly persons offenses for trespass. Our skilled criminal defense lawyers represent clients charged with burglary in Middlesex County and surrounding areas including Cranbury, Piscataway, East Brunswick, Carteret, Woodbridge, Perth Amboy, South Amboy, South Plainfield, and Plainsboro. If you would like to speak with an experienced Middlesex County burglary lawyer please contact our Middlesex County office today at (732) 659-9600 for a free initial consultation.
New Jersey Burglary Law
The New Jersey statute for burglary, N.J.S.A. 2C:18-2, is provided below, in pertinent part, for your reading convenience:
§ 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.
What Are The Penalties for Burglary in New Jersey?
| Third Degree | Enters a building with intent to commit a crime inside | 3 – 5 years in prison |
| Second Degree | Someone is injured during burglary or armed defendant | 5 – 10 years in prison; presumption of mandatory incarceration |
In furtherance of New Jersey’s crackdown on the crime, the state has deemed burglary a Graves Act offense in the event that a firearm was involved during the commission of the burglary or immediately after. An individual who has been convicted under the Graves Act is subject to mandatory incarceration with no parole eligibility. Moreover, the No Early Release Act (“NERA”) applies to violent crimes, and as such, to second degree burglary convictions. Under the NERA you must serve 85% of the remaining sentence before being eligible for parole or early release. An experienced criminal attorney has the ability to assist you in navigating the court system while working with the County Prosecutor’s Office to help avoid the above-mentioned penalties.
Contact our Middlesex County Burglary Lawyer for a Free Consultation
Defending a burglary case can often be very technical and complicated. You want to put yourself in the best position to come out ahead when it comes to fighting your burglary case. It should be no surprise that these cases will normally require an experienced criminal defense lawyer who can analyze and pinpoint the various legal issues involved. Founding attorney, William Proetta, Esq. has handled thousands of criminal and municipal court charges during his career including many burglary cases. We represent clients charged with burglary throughout Middlesex County and New Jersey, including New Brunswick, Metuchen, North Brunswick, and Edison. If you would like to discuss your case with an experienced burglary defense lawyer then please contact our conveniently located Middlesex County office at (732) 659-9600 for a free initial consultation.