What constitutes burglary in New Jersey?

What Constitutes Burglary in New Jersey?

Burglary laws in New Jersey can be pretty confusing and complicated for folks who don’t have a law degree, lol. This article will break it down in simple terms so regular people like you and me can understand what exactly counts as burglary in the Garden State.

Let’s start with the basics – in New Jersey, burglary is defined by statute 2C:18-2. There are a few key elements that make up the crime of burglary here:

• Entering a building or structure without permission or license
• Remaining in a building or structure without permission or license
• Trespassing on utility company property that is clearly marked with no trespassing signs
• Intent to commit an offense once inside the building or structure

So in a nutshell, if you go into someone’s home, business, or other property when you’re not supposed to be there, and you intend to commit a crime like theft, assault, vandalism etc., you can be charged with burglary. Let’s break down each part of this definition further.

Entering or Remaining Without Permission

First, you have to either enter somewhere you’re not allowed, or stay somewhere after your permission to be there has ended. For example, if you sneak into an office building overnight to steal computers, you’re entering without permission. Or if you hide out in a mall after it closes with the intent to vandalize stores, you’re remaining without permission.

There doesn’t have to be any forced entry or broken locks or windows – just being somewhere you’re not supposed to be is enough. It also doesn’t matter if it’s a home, business, warehouse, etc – if you don’t have license to be there, you can be charged with burglary if you have criminal intent.

Utility Company Property

The law also specifically calls out trespassing on utility company property as burglary. So if you hop the fence into a power station or climb up a cell phone tower, you can be charged even if there’s no actual building or structure. The property just needs to be clearly marked with no trespassing signs or fencing.

Intent to Commit a Crime

This is a key element of burglary charges in New Jersey. You can’t just accidentally wander into somewhere you shouldn’t be – you have to have the intent to commit an offense once you’re inside. This offense can be theft, assault, vandalism, domestic violence, or any other crime.

So if you get the wrong apartment number and walk into someone else’s home by mistake, you’re probably not committing burglary – you’d have to intend to steal or damage something once inside. Without criminal intent, it’s likely just trespassing.

Grading of Burglary Charges

Not all burglaries are treated equally under the law. There are different grades depending on circumstances:

• 2nd Degree Burglary – This is the most serious grade. It applies if during the crime, you either:
  • Injure someone or threaten/attempt to injure someone
  • Are armed with or display explosives or a deadly weapon
• 3rd Degree Burglary – This is the most common grade for basic burglary. It covers any case that doesn’t meet the criteria for 2nd degree.

The grading makes a big difference in potential penalties. 2nd degree burglary can get you 5-10 years in prison. 3rd degree burglary carries 3-5 years. Both are felonies with hefty fines as well.

Defenses Against Burglary Charges

There are a few common defenses that a good lawyer might use to fight burglary charges:

• You had permission or license to enter – This defeats the unauthorized entry element. For example, you may have had standing permission from the owner to come and go as you please from a vacation home.
• You didn’t have criminal intent – If you can show you entered accidentally without intent to commit a crime, this defeats the intent element.
• Misidentification – If the evidence suggests someone else committed the crime, you may be wrongly accused.
• Intoxication – You were so impaired you were unable to form criminal intent.

A skilled criminal defense attorney can evaluate the evidence against you and decide what defenses make sense. Don’t go it alone against burglary charges – the penalties are too high.

Expungement of Burglary Charges

If you are convicted of burglary in New Jersey, it will remain permanently on your criminal record. However, you may be able to have the record expunged after 5-10 years under certain conditions. This essentially seals the record from public view.

To qualify for expungement of a burglary conviction, you’ll need to avoid any additional offenses during your waiting period. You’ll also need to comply with all terms of your sentence, including completing probation and paying any fines.

If eligible, your defense attorney can petition the court for expungement. If approved, your burglary charges will still exist in the court system but will be removed from background checks. This can open up job, housing, and other opportunities.

I hope this breakdown gives you a better understanding of what constitutes burglary in New Jersey. The laws here take it very seriously, so you don’t want to mess around. If you’ve been charged with burglary, or any other crime, please get help from an experienced criminal defense lawyer right away!