Burglary is a serious crime that can have life-altering consequences. In New Jersey, being charged with burglary can mean facing severe penalties, including hefty fines and potential jail time. But is burglary a felony? Here’s the short answer: It depends.
Here’s a closer look at the intricacies of burglary charges in New Jersey and how a criminal defense lawyer can help.
Burglary Laws in New Jersey
In New Jersey, burglary is defined as unlawfully entering or remaining in a structure with the intent to commit an offense inside. This could include theft, assault, or any other crime. Burglary does not necessarily involve breaking into a property or even stealing something. The mere act of entering a property unlawfully with criminal intent is enough to constitute burglary under New Jersey law.
Most commonly, burglary involves either entering a building or staying in a structure when you do not have permission to be there, especially if the building is closed to the public. In some cases, remaining unlawfully on private utility company property or trespassing where signs or barriers clearly prohibit entry can also result in burglary charges. Each situation can carry different penalties depending on the specific circumstances, but all burglary charges are taken seriously in New Jersey’s criminal justice system.
Is Burglary a Felony in Freehold, NJ?
Burglary is a felony in Freehold and throughout New Jersey. The state classifies burglary as either a second-degree or third-degree offense. Whether it’s a second-degree or third-degree charge depends on the specifics of the incident, such as whether the person was armed or they inflicted injury or threatened harm during the act.
Third-Degree Burglary
This charge typically applies when someone unlawfully enters a property with the intent to commit a crime but does not engage in violence or carry a weapon. Penalties can include three to five years in prison and fines of up to $15,000. However, New Jersey law does offer a presumption of non-incarceration for first-time offenders facing third-degree burglary charges, which could result in probation rather than jail time.
Second-Degree Burglary
This more severe charge applies when someone threatens or uses force, inflicts injury, or possesses a deadly weapon during the burglary. Second-degree burglary can result in up to 10 years in prison and fines reaching $150,000. Unlike third-degree charges, second-degree burglary does not carry a presumption of non-incarceration, making the penalties far more stringent.
These distinctions are critical, as the degree of the charge will significantly impact your legal defense strategy and potential outcomes.
Legal Penalties and Consequences of Felony Burglary
Being convicted of felony burglary in New Jersey comes with serious legal consequences that go beyond jail time and fines. A felony conviction can result in a permanent criminal record, affecting your ability to find employment, secure housing, or even maintain certain professional licenses. In addition to criminal penalties, the stigma of a felony can follow you for life, making it difficult to move forward.
Additionally, the severity of the punishment depends on factors such as prior criminal history, whether anyone was harmed, and whether any weapons were involved. Judges and prosecutors consider these factors when determining sentences, often pushing for maximum penalties to deter future offenses.
Defense Strategies to Use Against Burglary Charges
If you’re facing burglary charges, working with a skilled criminal defense lawyer in Freehold, NJ, is crucial to protect your rights and build a strong defense. Defending burglary charges requires a tailored approach since each case is unique. Common defense strategies may include:
- Lack of intent – One of the strongest defenses against burglary charges is proving that you had no intention of committing a crime upon entering the property. If your attorney can establish that there was no criminal intent, it may lead to a dismissal or reduction of charges.
- Permission to enter – If you had permission to be on the property, even if it was revoked later, this could be used as a defense. Establishing that you were lawfully present can undermine the prosecution’s case against you.
- Mistaken identity – In some cases, the accused may not have been the person who committed the crime. Eyewitness errors and misidentification are common. An experienced criminal defense attorney can challenge the reliability of the evidence presented.
- Violation of rights – If law enforcement violated your constitutional rights during the arrest or investigation, such as conducting an illegal search and seizure, the evidence against you might be inadmissible in court. This can significantly weaken the prosecution’s case.
What to Do if Accused of Burglary in Freehold, NJ
If you’ve been accused of burglary, it’s crucial to take immediate action to protect your rights and future:
- Remain silent – Exercise your constitutional right to remain silent and do not discuss the case with anyone except your lawyer.
- Do not consent to searches – Politely refuse any requests to search your property or person without a warrant.
- Document everything – Write down everything you remember about the incident and your interactions with law enforcement.
- Preserve evidence – If you have evidence that might support your case (e.g., receipts, text messages, witness contact information), preserve it.
- Contact a criminal defense lawyer – This is the most critical step. An experienced attorney can guide you through the legal process, protect your rights, and work to achieve the best possible outcome.
Contact Our NJ Burglary Defense Lawyers to Learn More
Being charged with burglary is a serious matter you shouldn’t face alone. The experienced criminal defense attorneys at Keith Oliver Criminal Law are available to defend your rights and fight for your best possible outcome.
With an exclusive focus on criminal law, our law firm is equipped to handle the toughest cases. With decades of combined experience, our criminal defense attorneys provide hard-hitting representation that gets the job done right.
But don’t just take our word for it. Consider the words of a past client, who writes, “If you ever find yourself needing a criminal attorney, I strongly recommend hiring Keith Oliver as someone who will work extremely hard, have all your best interests at heart, and most importantly get the best possible results for you!”
Contact our criminal defense lawyers in Freehold, NJ, for a free consultation today.
