Juvenile Burglary Attorney in Ocean County

N.J.S.A. 2C:18-2 Juvenile Burglary

Rarely will a juvenile plan out and execute burglary on their own. More often than not, teenagers will end up as part of a burglary based on peer pressure and a lack of confidence to separate themselves from a dangerous situation. Do not let your child be dragged down as an accomplice to the actions of his friends. If you or your child are charged with second degree burglary or third degree burglary, you need to act proactively in handling your juvenile matter. Your child may be facing up to three years detention at the Ocean County Juvenile Detention Center is adjudicated delinquent by an Ocean County Family Judge. Even more concerning is what could happen if the Ocean County Prosecutor’s Office files a motion to waive your child up to be treated as an adult. Our firm has the knowledge, experience and legal aptitude to handle your juvenile matter. Allow us to demonstrate what we can offer your family as criminal defense attorneys. We are available 24/7 at (201) 992-5891.

Juvenile Burglary Third Degree Offense

Under N.J.S.A. 2C:18-2(a), Under N.J.S.A. 2C:18-2(b), a person is guilty of burglary in the third degree if, with purpose to commit an offense therein the person:

  1. Enters a research facility or structure, or a separately secured or occupied portion thereof, unless the research facility or structure was at the time open to the public or the person is licensed or privileged to enter; or
  2. Surreptitiously remains in a research facility or structure or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so.

Juvenile Burglary Second Degree Offense

Under N.J.S.A. 2C:18-2(b), a person is guilty of burglary in the second degree if, with purpose to commit an offense therein the person:

  1. Enters a research facility or structure, or a separately secured or occupied portion thereof, unless the research facility or structure was at the time open to the public or the person is licensed or privileged to enter; or
  2. Surreptitiously remains in a research facility or structure or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so.

AND in the course of committing the offense I just described to you, that person:

  • Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or
  • Is armed with or displays what appears to be explosives or a deadly weapon.

You can see that for the juvenile burglary offense to enhance from a third degree offense to a second degree offense, there must be an additional proof involving bodily injury (or an attempt/threat to cause bodily injury) or possession of a deadly weapon or explosives.

What Does “Surreptitiously” Mean?

According the Black Law’s Dictionary, “surreptitiously” means secretly, stealthily, or fraudulently.

What is a “Research Facility” or “Structure”?

“Research facility” means any building, laboratory, institution, organization, or school engaged in research, testing, educational or experimental activities, or any commercial or academic enterprise that uses warm-blooded or cold-blooded animals for food or fiber production, agriculture, research, testing, experimentation, or education. A research facility includes, but is not limited to, any enclosure, separately secured yard, pad, pond, vehicle, building structure or premises or separately secured portion thereof.

“Structure” includes any building, room, ship, vessel, car, vehicle, or airplane, or any place adapted for overnight accommodation of persons or for carrying on business therein whether or not a person is actually present.

Will a Juvenile Go to a Juvenile Detention Center for Burglary?

Possibly. Depending on the juvenile’s record and the degree of the burglary charged, a juvenile charged with burglary in Ocean County could be facing a lengthy period of detention. A second degree burglary offense for a juvenile carries up to 3 years of detention, while a third degree offense carries up 2 years of detention. Generally, the Family Division judge will consider the nature and circumstances of the act, the role of the juvenile therein, whether the act was an especially heinous, cruel, or depraved manner, the character and attitude of the juvenile indicate that the juvenile is likely to commit another delinquent or criminal act and a variety of other aggravating/mitigating factors. Depending on the successfulness of your attorney in arguing mitigation on your behalf, you may be able to avoid detention altogether. Furthermore, an experienced juvenile attorney will fight to obtain a deferred disposition for your child, if available. This would avoid any adjudication of delinquency altogether.

Do your due diligence when seeking competent legal representation for your child. We are confident that our firm can provide the services and care for your child in this difficult time.

Call us 24/7 at (201) 992-5891 or contact us online to schedule your free consultation today.