Burglary is a serious criminal offense that might lead to years behind bars, depending on the circumstances. While most people understand that burglary involves breaking into someone else’s property, they might not realize how complex the law surrounding burglary charges can be. If you are facing such charges, call a lawyer for help immediately.
Generally, to be charged with burglary, one must enter or try to enter a structure or building where they are not authorized to be, and they must intend to commit a crime once inside. Defenses to burglary charges are often rooted in undermining these criminal elements. For example, if there was some confusion about who owns the building, and it turns out you own it or had permission to be there, you should not be charged. Alternatively, if a defendant did not have any intention of committing a crime once inside, they should not be charged. If burglary involves a private dwelling or home, the charges might be for a home invasion burglary, and the potential penalties are worse.
For a free, private case review, call the Law Offices of John J. Zarych at (609) 616-4956 and talk to our Atlantic City, NJ burglary defense lawyers.
When a Person May Be Charged with Burglary in New Jersey
Charges for burglary are explained under N.J.S.A. § 2C:18-2(a). Contrary to popular belief, burglary charges apply when a person enters a structure or building other than a residential home or dwelling. More specifically, a person must first enter a structure or research facility – not a home or dwelling – or remain inside such a place surreptitiously, or trespass on the property where notice prohibiting entry is publicly posted or the area physically closed off to intruders by walls, fencing, or something similar.
Second, that person must have the intent to commit a crime once inside the structure, building, or facility. People often forget about the second element of burglary. If the defendant neither commits nor intends to commit a crime after entering, there is no burglary.
According to subsection (b) of the law, burglary may be charged as a second-degree indictable crime (similar to a felony) if the defendant is believed to have recklessly, knowingly, or purposely inflicted or attempted to inflict bodily harm on anyone or if they are armed with what appears to be a deadly weapon or explosives.
Burglary requires that the suspect enters a structure other than a residential dwelling or home. When a home is involved, the charges may be for home invasion burglary, as described in greater detail below.
Defense Strategies in New Jersey Burglary Cases
Review the details of your case with our New Jersey burglary defense lawyers to determine what defense options you might have and how best to employ them. You might have numerous defense strategies worth exploring, but some might be more effective than others.
Lawful Entry
At the very core of burglary charges is unlawful entry onto property or into a building where you are not supposed to be. What if you were allowed to be there? Can you still be charged with burglary? The answer is usually no. If you are authorized to be in a certain place, you cannot be charged for “breaking in.” Talk to your attorney about who owns the building you entered and how you know you were authorized to be there.
One possible example is that you own the place. Maybe you own a business and were trying to get inside after hours. Someone might have seen you entering the obviously closed storefront and called the police. Rest assured, you cannot be criminally charged for entering a building or property that you own or lease.
Another possibility is that the property owner permitted you to be there. Maybe the store owners asked you to water the plants while they were away on vacation. Perhaps someone saw you going inside the building and because suspicious. If the store owner who allowed you to enter the home can explain the situation, your charges might be quickly dropped.
Lack of Intent
The second element of burglary is the one most people forget about. The defendant must be proven to have had the intent to commit a crime once inside the building. If someone breaks in but has no intent to commit a crime, burglary charges would be inappropriate. However, intent is not easily proven and may be open to interpretation. The authorities might argue that just because the defendant did not commit a crime does not mean they did not intend to. They may point to the totality of the circumstances to prove their point, but so can we.
For example, an unhoused individual might break into a building because they need a warm place to sleep for the night. They might have no intention of committing a crime once inside. The police and prosecutors often look for the presence of weapons or certain tools often used to commit certain offenses. For example, suppose a defendant is found inside a business after hours without permission to be there. Next, suppose they did not commit a crime, but the police found tools often used to break into cash registers, bags to carry away money or stolen goods, and ski masks or face coverings to obscure their identity. This evidence together might indicate some sort of criminal intent.
Plea Agreements
Another option is to work out a plea agreement with prosecutors. This may involve pleading guilty to reduced charges and avoiding harsher penalties. For example, suppose prosecutors have flimsy evidence to prove that the defendant planned to commit a crime after breaking in. In that case, they might agree to reduce the charges to something like unlicensed entry of structures or defiant trespassing under N.J.S.A. § § 2C:18-3(a)(b). Plea agreements are not always available, and you do not have to accept if one is offered. They may also be negotiated, and your attorney can help you get the best deal possible.
How a Home Invasion Differs From Standard Burglary Charges in New Jersey
Home invasion burglary is described under N.J.S.A. § 2C:18-2.1(a) and is not the same as ordinary burglary charges. First, the defendant must be found to have entered a residential dwelling, home, or accommodation without any legal authorization. Second, the defendant must be found to have knowingly, purposely, or recklessly inflicted, attempted to inflict, or threatened to inflict bodily injury. Third, the defendant must be found to have been armed with what appeared to be a deadly weapon or explosives.
The grading of this offense is harsher because it involves breaking into someone’s private home. Home invasion charges may be for first-degree indictable crimes. If you are facing such charges, contact an attorney for help immediately.
Call Our New Jersey Burglary Lawyers for Help if You Are Facing Criminal Charges
For a free, private case review, call the Law Offices of John J. Zarych at (609) 616-4956 and talk to our New Jersey burglary defense lawyers.
