Burglary Charge in Piscataway Township
A burglary offense in Piscataway Township is no laughing matter. This charge is treated much differently than theft by unlawful taking and always results in a second degree or third degree felony if convicted. A major reason for the severity of this violation is because it typically involves breaking and entering someone’s home – – an act that the law believes should never be tolerated. Here at the Law Offices of Jonathan F. Marshall, with over 100 years of collective experience defending Piscataway burglary charges at the Middlesex County Superior Court. Our staff of skilled attorneys includes former prosecutors who certainly know their way around the New Brunswick courthouse. A lawyer at the firm is available immediately at 732-562-0308 to assist you. We are happy to provide you with the benefit of our knowledge free of charge.
Piscataway Breaking and Entering Offense
In accordance with N.J.S.A. 2C:18-2, a burglary occurs when someone enters a house, apartment or other structure with a privilege to do so for the purpose of committing a criminal offense. There are two (2) elements that the prosecutor must establish, beyond reasonable doubt, in order to obtain a conviction under N.J.S.A. 2C:18-2. First the prosecution must prove that the offender entered one of the above types of spaces without the authorization to do so. Second, the prosecution must prove that once upon that property illegally, the offender then also had the intent to commit another crime upon that property. An experienced attorney then would look to two primary ways of fighting this offense. First, and what would be most helpful as an affirmative defense, is that you actually did have authorization or license to be upon the property or that the property was open to the public at the time of the arrest. Even if this is not the case, though, an experienced attorney will try to negate the state of mind to commit another offense element. Essentially, the argument would be that, although you were on the property unlawfully, you had no intent to commit another crime. Under this scenario you might be committing a trespass but certainly not a burglary.
Penalties That Apply To Your Piscataway Township Burglary Offense
As previously stated, burglary can result in either a second degree or third degree crime. Burglary is a crime of the second degree where the actor purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone or in circumstances where the actor is armed with or displays what appear to be explosives or a deadly weapon. In all other circumstances, burglary is a crime of the third degree. This distinction is a huge one in terms of sentencing. A second degree offense carries a presumption of incarceration, a term of imprisonment of 5 and 10 years, and a fine as high as $150,000. By contrast, a third degree burglary only carries the possibility of 3 to 5 years in prison and a $15,000 fine. In addition, a third degree crime is eligible for diversion under the Pretrial Intervention Program (“PTI”) whereas a second degree violation is ineligible for resolution in this manner.
Burglary Attorneys in Piscataway NJ
Our firm can offer you a high level of knowledge and skill in the defense of third and second degree burglary charges at the Superior Court in New Brunswick. The attorneys on staff at the firm have been appearing on behalf of individuals charged with offenses just like yours and know the approaches that work when it comes to defending cases in this court. We are ready to discuss the particulars of your case in a free consultation over the telephone or in our Piscataway Office. To speak to one of the attorneys on our team, call us at 732-562-0308.