New Jersey Section 2C:18-2 – Burglary.

New Jersey Section 2C:18-2 – Burglary

Burglary is a serious criminal offense in New Jersey that can lead to felony charges and significant penalties. New Jersey’s burglary statute is Section 2C:18-2 of the New Jersey Code of Criminal Justice. This section defines the crime of burglary and outlines the different degrees of burglary charges in New Jersey.

What is Burglary in New Jersey?

Under Section 2C:18-2, a person commits the crime of burglary if they enter a structure or research facility without permission and with the purpose to commit an offense inside. Burglary also occurs if someone remains hidden inside a structure without permission and with intent to commit a crime. Lastly, trespassing on utility company property with proper notice against trespassing can constitute burglary[1].

The statute explains that an act is considered ‘in the course of committing’ burglary if it happens while attempting the burglary crime or while fleeing immediately after. The grading of the burglary charge depends on certain factors discussed below[2].

Requirements for a Burglary Charge

For a prosecutor to obtain a burglary conviction, they must prove these elements beyond a reasonable doubt[3]:

• The defendant entered or remained in a structure or research facility without permission or license
• The defendant entered or remained surreptitiously with knowledge that they lacked permission or license
• The defendant had the purpose to commit an offense inside the structure or facility

The structure does not need to be a house or building. Under New Jersey law, even a vehicle can be considered a structure for a burglary charge[4].

Grading of Burglary Charges

Burglary charges are classified as either second degree or third degree crimes in New Jersey. The grading has a significant impact on the potential penalties.

Third Degree Burglary

A standard burglary with no aggravating factors is a third degree crime. Third degree crimes carry a presumption of non-incarceration for first time offenders. The sentencing range is between 3-5 years in state prison[4].

Second Degree Burglary

A burglary charge becomes a more serious second degree crime if certain aggravating factors are present. These include[2]:

• The burglar purposely, knowingly, or recklessly inflicts bodily injury on someone
• The burglar purposely attempts to inflict bodily injury on someone
• The burglar threatens to inflict bodily injury on someone
• The burglar possesses or displays what appears to be explosives or a deadly weapon

Second degree crimes have a presumption of incarceration and a sentencing range of 5-10 years in prison[4].

Defenses to Burglary Charges

Several legal defenses may apply to beat a burglary charge or reduce it to a less serious offense:

• No intent to commit a crime inside – If the defendant entered without permission but did not have intent to commit an offense inside, the charge may be reduced to trespassing[3].
• Intoxication – Voluntary intoxication could negate the required mental state for burglary. The defendant must prove they were unable to form the intent due to intoxication[5].
• Consent – Permission or consent from the owner is a complete defense to burglary. The defendant may argue the owner expressly or implicitly allowed entry.
• Mistake of fact – The defendant may claim they reasonably but mistakenly believed they had consent or license to enter the structure.
• Self-defense – In rare cases, the defendant may argue they entered the structure under a reasonable belief it was necessary for self-protection.

Penalties for a NJ Burglary Conviction

As outlined above, a burglary conviction exposes defendants to either second or third degree criminal penalties. This includes:

• For a 3rd degree crime: 3-5 years in New Jersey State Prison
• For a 2nd degree crime: 5-10 years in New Jersey State Prison
• Fines up to $15,000
• Restitution to victims
• Probation for up to 5 years
• Loss of certain civil rights

In addition to imprisonment, courts can impose probation following release. Defendants may also lose certain civil rights, such as voting, serving on a jury, and possessing firearms. Immigration consequences may apply for non-citizens charged with burglary.

Finding an Experienced Burglary Lawyer

Burglary charges should not be taken lightly given the serious penalties involved. The complexity of these cases and the strength of the prosecution’s evidence determines the defense strategy.

Consulting with an experienced New Jersey burglary attorney is critical. A knowledgeable lawyer can examine the prosecution’s case and determine any weaknesses. They can also advise you on any possible defenses to beat the charges at trial or negotiate a favorable plea deal. Don’t leave the outcome of your burglary case to chance. Contact a qualified criminal defense lawyer for help fighting these allegations.