Whether you live in a rural or urban area, Burglaries happen. These types of criminal offenses can be triggered by drug addiction, animosity between two people or simply be a random act. Burlington County has seen a recent uptick in the number of Theft Crimes over the past few years that some have attributed to the increased prevalence of opioid addiction. If you were arrested and charged with Burglary in New Jersey, then you could be facing a second or third degree offense, in addition to any other criminal charges that may have been filed against you. Depending on your criminal history and the facts of your case, just one second degree offense for Burglary will expose you to a term or imprisonment up to ten (10) years. In addition to facing a prison sentence, a Burglary conviction will also saddle you with a criminal record that could haunt you in current or future employment.
New Jersey’s Burglary offense is found under N.J.S.A. 2C:18-2. Under the law, someone commits the offense of Third Degree Burglary if they (1) Entered either a research facility or a structure without permission; and (2) Did so with the purpose to commit an offense therein.
Second Degree Burglary Charges
Burglary can also be elevated into a second degree offense under N.J.S.A. 2C:18-2 if during the commission of a third degree burglary, Defendant also either (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 appears to be explosives or a deadly weapon.
NJ Penalties for Burglary
The penalties for Burglary vary depending upon the degree of your offense. In New Jersey, Burglary will either be a crime of the second degree or the third degree. If you are charged and convicted of Second Degree Burglary, you will be facing between five (5) and ten (10) years in a New Jersey State Prison. Additionally, Second Degree Burglary also triggers the No Early Release Act enhancement which requires that you serve at least85% of their sentence before you are eligible to even apply for parole. Alternatively, Third Degree Burglary charges carry between three (3) and five (5) years in a NJ State Prison.
Can I Get Pretrial Intervention For Burglary Charges in NJ?
Possibly. Pretrial Intervention, commonly referred to as PTI, is a diversionary program in New Jersey that is available to certain first-time offenders in the Superior Court. There are various factors that are considered when determining if someone is eligible to apply for PTI. Even if you are eligible for the program, admission is still subject to the discretion of the Burlington County Prosecutor’s Office. It is incredibly important that your attorney fully understand the PTI process and steps to avoid you being denied from the program. If accepted into PTI on your Burglary charges, you could potentially have your case dismissed upon successful completion of the program. This could allow you to avoid a criminal record and possible imprisonment.
Mount Holly NJ Burglary Lawyer
As shown through the information above, Burglary charges are a very serious matter. If convicted, you are facing stiff penalties that include, imprisonment, probation and a criminal record. Burglary charges will have life-altering repercussions and could truly derail a young persons future. If you or a family member have been arrested and are facing a Pretrial Detention Hearing for Burglary charges in Burlington County, contact the Criminal Attorneys at Proetta & Oliver. Firm Partner and former NJ Deputy Attorney General, William C. Fay, Esq., leads or Criminal Practice Group. Mr. Fay will gladly consult with you regarding your charges and help to chart a path for you and your family in how the criminal process works. We can be reached 24/7 for your convenience. If you have any questions for Mr. Fay or any other attorney at our firm, please call (609) 850-8284 today.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Mount Laurel, Point Pleasant, Princeton and Middletown. All major credit cards are accepted.