Defending Yourself Against Burglary Charges in New Jersey

Defending Yourself Against Burglary Charges in New Jersey

Oh boy, getting charged with burglary in New Jersey is no fun. As someone who’s been there, I totally get how scary and confusing this can be. But don’t panic! This article will walk you through some key things to know when defending yourself against burglary charges in NJ.

What is Burglary in New Jersey?

First up, what exactly is burglary in NJ? Basically, it’s illegally entering a structure like a house or business with the intent to commit a crime inside (like theft). New Jersey law divides burglary into different degrees based on circumstances like if the building was occupied, if the burglar was armed, etc. The penalties get harsher as you move up from third to second to first degree burglary.

Possible Defenses

Now, I know you’re probably thinking: “But I didn’t do it!” I feel you. Unfortunately, prosecutors don’t just take your word for it – they need solid evidence to prove “reasonable doubt.” The good news? There are some effective legal defenses that could get your charges dismissed or downgraded. Let’s go through some of the main ones:

Lack of Intent

One possible defense strategy against burglary charges is to challenge the intent element. Lack of intent to commit a crime can serve as a defense, as explained in this article. If you can show you had no criminal purpose – like you accidentally entered the wrong house – then you may be able to defeat the charges.

Consent

Another solid defense is consent. Like if the homeowner gave you permission to enter their house, you obviously weren’t “trespassing” illegally. Written authorization like a text message granting consent is ideal. But even verbal consent could cast enough doubt to avoid conviction.

Misidentification

Mistaken identity is more common than you’d think, according to this overview. Things like discrepancies between your appearance and the suspect description, or being able to verify you were somewhere else at the time, can totally undermine the accusations against you.

Intoxication

While being drunk or high is never smart, it could actually help your defense in some cases. New Jersey recognizes intoxication as a valid defense against burglary if it prevented you from forming the necessary criminal intent, as covered in the above overview.

Entrapment

This defense claims you only broke the law because of improper conduct by police. Like if an undercover cop pressured you into committing burglary you otherwise wouldn’t have. Entrapment is hard to prove, but could get the charges tossed if you have evidence the police manipulated or coerced you.

Mental State

New Jersey allows a diminished capacity defense if mental illness prevented you from forming the intent required for burglary, as explained by this law firm. You’d need an expert psychiatric evaluation showing you were unable to understand your actions or control your behavior at the time. This defense can get your charges reduced or dismissed.

Getting Legal Help

As you can see, there are quite a few avenues for challenging burglary accusations. An experienced criminal defense lawyer can help assess which strategy is your best bet. They can also negotiate with the prosecutor or take your case to trial if needed. Public defenders do their best, but having a private attorney in your corner makes a huge difference.

Speaking of legal help, something to watch out for is police trying to question you without your lawyer present, warns this article. Be polite but firm in requesting your attorney if detectives want to chat. Don’t worry about seeming “suspicious” – it’s your constitutional right.

If you do end up getting convicted of burglary, all hope is not lost. In some cases, you may be able to appeal and get the ruling overturned later on. There are also programs like Pretrial Intervention that can lead to charges being dropped if you stay out of trouble for a period of time. So try to stay positive and keep fighting, because this doesn’t have to ruin your life.

I know I threw a lot of legal mumbo jumbo at you here. But the main takeaway is that skilled defense can beat a burglary rap even when things seem hopeless. Don’t be afraid to explore every option and keep pushing for the best possible resolution. And if you ever just need someone who’s been there to listen, feel free to reach out to me anytime. You got this!