Rosenblatt Law, PC defends clients against burglary charges throughout New Jersey. Burglary is a serious offense, and a conviction can result in a prison sentence, fines, and collateral consequences. The best way to protect your rights and freedom is to work with an experienced burglary defense attorney.
We provide innovative defense strategies to clients in Hackensack and the surrounding areas. Our legal team has in-depth knowledge of the applicable burglary statutes and a proven history of achieving positive outcomes in plea negotiations and jury trials. When your freedom and future are on the line, you need the powerful representation Rosenblatt Law provides. Contact our office today to set up an appointment.
Defining Burglary in New Jersey
Generally, burglary involves unlawfully entering a structure with the intent to commit theft or another offense. Under the applicable statute (N.J.S.A. 2C:18-2), a person can be charged with burglary for:
- Entering a research facility, structure, or separately secured or occupied portion of a structure, without permission, at a time not opened to the public, with the purpose of committing an offense on the premises.
- Remaining in a structure surreptitiously (hiding) knowing that one does not have permission to do so.
- Trespassing in or on utility company property where public notice prohibiting trespass is given by conspicuous posting or fencing, or other enclosure designed to exclude intruders.
Although burglary is often classified as “breaking and entering” in other states, New Jersey does not have a statute for breaking and entering. Instead, burglary only requires an unauthorized entry into a structure with the intent to commit a crime. Moreover, the term “structure” encompasses all types of buildings (e.g. house, store, commercial building, apartment, office space), as well as parking lots, motor vehicles, boats, and airplanes.
Depending on the circumstances, burglary can be charged as a third-degree or second-degree indictable offense — the equivalent of a felony under most state laws (including New York).
Given that a conviction for burglary carries significant penalties, it is crucial to work with an experienced criminal defense attorney.
As a former prosecutor, lead attorney Raphael Rosenblatt knows to fight back against the tactics the state uses to gain a conviction. Once you contact Rosenblatt Law, Raphael will explore all your legal options and begin to mount an aggressive defense.
What are the penalties for a conviction in New Jersey?
Burglary is typically charged as a third-degree offense which is punishable by a prison term of up to 5 years and a fine up to $15,000. If the defendant used or displayed a deadly weapon during the commission of a crime, or attempted or threatened to inflict bodily harm, the charge will be elevated to a second-degree offense, which carries a sentence of up to 10 years in prison and a $150,000 fine.
In any event, to gain a conviction, the prosecution must be able to prove beyond a reasonable doubt that:
- The defendant entered a structure
- Without permission or a license
- For the purpose of committing an offense
In short, prosecutors must be able to prove that you had the intent to commit a crime (e.g. theft, vandalism, assault).
Defenses Against Burglary Rosenblatt Law May Assert
The attorneys at our firm will conduct an extensive investigation to learn the circumstances of your arrest. Did the police read you your rights? Did law enforcement obtain evidence without a valid search warrant? If there is any evidence of police misconduct, it may be possible to have any statements or evidence suppressed and seek a dismissal. We will also carefully weigh the strength of the evidence against you and assert a strong and convincing defense.
Of course, the strongest defense is an alibi — you were not at the scene when the crime occurred. Given that eyewitnesses are known to be unreliable, we may also be able to prove that you were mistakenly identified or that you were the target of racial profiling by law enforcement. Finally, demonstrating that you lacked the requisite criminal intent may also help to win an acquittal.
Trust the burglary defense attorneys at Rosenblatt Law to aggressively attack the prosecution’s case, questioning the validity of the evidence or witnesses, and work to secure your freedom.
Contact Our Experienced New Jersey Burglary Attorney
If you have been charged with burglary, you face an uncertain future, the possibility of imprisonment, and lasting damage to your reputation. This is the time to contact Rosenblatt Law. Our experienced criminal defense lawyer has a proven history of achieving positive outcomes in burglary cases in and out of the courtroom. When your freedom is at stake, our dedicated legal team is here to fight for you. Contact our office today to set up a consultation.
Rosenblatt Law PC is located in Hackensack, NJ and represents clients throughout Northern New Jersey and the New York metro area, including the five boroughs of NYC, Rockland and Westchester counties, as well as Bergen, Essex, Hudson, Morris, Passaic, Sussex and Union counties.
