Princeton NJ Burglary Defense Attorneys
With Offices in Pennington and Trenton
Although burglary is one of the most serious theft crimes in New Jersey, you can actually be charged with burglary even if you did not commit a theft. In fact, burglary can potentially apply to any criminal offense that involves the unlicensed entry into a structure or building. Additionally, even if your burglary attempt was unsuccessful, you can be charged with burglary. Moreover, you don’t even have to break into a building in order to be charged with burglary; simply lingering in a store or business after closing time can result in burglary charges and severe penalties.
Kamensky Cohen & Riechelson is a well-respected law firm with a tradition of excellence in New Jersey and Pennsylvania. Our attorneys have more than 40 years of experience handling burglary cases in Robbinsville, Pennington, and everywhere else in Mercer County, NJ. Beyond that, we are passionate about representing clients in these cases because we believe that everyone is entitled to a strong defense. Call KCR now to discuss your burglary charges and begin your defense immediately.
Burglary Charges in Mercer County NJ
Burglary is New Jersey is governed by N.J.S.A. 2C:18-2. Burglary is often confused with robbery. However, a burglary charge does not require a person to actually commit a theft. Burglary occurs anytime a person, with the intent to commit an offense, enters a structure without license or privilege to do so. You can also be charged with burglary if you surreptitiously remain in a structure knowing that you are not licensed or privileged to do so.
Additionally, keep in mind that burglary does not require “breaking and entering.” The simple act of setting foot on the premises without authorization can constitute burglary. However, burglary does require the offender to have the purpose or intent to commit another crime on the premises; otherwise, it is merely criminal trespassing.
A standard burglary charge is classified as a third degree felony. Burglary is classified as a second degree felony if the offender purposely, knowingly, or recklessly inflicted, attempts to inflicts, or threatens to inflict bodily injury on another person. Burglary can also be classified as a second degree felony if the offender is armed with what appear to be explosives or a deadly weapon.
Penalties for Burglary in Mercer County
Burglary is ordinarily classified as a third degree felony. This means that most burglary charges can result in a sentence of 3–5 years in NJ State Prison.
If the burglary charges are upgraded to a second degree felony because the offender threatened bodily injury or was armed with a deadly weapon, the offender could face a sentence of 5–10 years in NJ State Prison. Moreover, if the offense involved the use of a firearm, it is likely that the Graves Act will apply. This means that you will be subject to a mandatory minimum term of incarceration.
Defenses to a Burglary Charges in Lawrence NJ
A crucial element of a burglary charge is that the offender had the intent to commit a crime once inside the structure. If it can be shown that you were merely trespassing without any criminal intent, it might be possible to get your burglary charges downgraded to a lesser offense.
Additionally, as long as the burglary is not accompanied by more serious charges, it might be possible for your attorney to secure your admission into a diversionary program such as Pre-Trial Intervention (PTI). This will help you stay out of prison and avoid a criminal record.
Related Charge: Possession of Burglar’s Tools in Trenton
N.J.S.A. 2C:5-5(a) makes it illegal for anyone to be in possession of burglar’s tools. “Burglar’s tools” are defined as any tools or objects that are made for the purpose of committing a forcible entry into a structure.
Mere possession of burglar’s tools is classified as a disorderly persons offense, which is punishable by up to 6 months in the local county jail. If the offender actually makes a plan to use the burglar’s tools, the charge may be elevated to a fourth degree felony. A conviction may result in a sentence of up to 18 months in NJ State Prison.
Contact Pennington NJ Burglary Lawyers
The criminal defense lawyers at Kamensky Cohen & Riechelson know what it takes to win a burglary case in court. If you have been accused of burglary in New Jersey, call us today to discuss your charges. You can also email us to schedule a free consultation at our offices in Pennington or Trenton.