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Middlesex County

Criminal Defense Lawyer

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Burglary

Middlesex County NJ Burglary Lawyer

Criminal Defense Attorneys in Edison, New Jersey

Burglary, as a crime, is associated with home invasion. This is a major reason why New Jersey and county prosecutors prosecute burglary offenses so severely. 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.

The Law Offices of Proetta & Oliver commits a large portion of its practice exclusively 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. This results in no conviction and no incarceration upon completion. 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 Edison office today at (732) 659-9600 for a free initial consultation.

Burglary Defense Lawyer in New Brunswick NJ

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.

Penalties for Burglary in New Jersey

Third DegreeEnters a building with intent to commit a crime inside3 – 5 years in prison
Second DegreeSomeone is injured during burglary or armed defendant5 – 10 years in prison; presumption of mandatory incarceration

As provided in the above statute, the crime of burglary is completed the moment a defendant enters a structure with intent to commit a crime inside. Therefore, a defendant need not actually commit a crime once he gets inside the building in order for the crime of burglary to have been committed. This dispels a many common misconceptions that if you didn’t take anything it’s not a burglary.

“Structure” for purpose of Burglary – House, Commercial or Office Building, Car, Truck, or even a Boat

Contact an Old Bridge NJ Burglary Lawyer for a Free Consultation

Defending a burglary case can often be very technical and complicated. These cases will normally takes an experienced criminal defense lawyer to litigate 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, MetuchenNorth Brunswick, and Edison. If you would like to discuss your case with an experienced burglary defense lawyer then please contact our conveniently located Edison office at (732) 659-9600 for a free initial consultation.