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The Law Offices of Proetta & Oliver

Hudson County

Criminal Defense Lawyer

"We have successfully defended our clients against thousands of Criminal, DWI, and Municipal Court charges throughout Hudson County and New Jersey."

- William A. Proetta, Esq.

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New Jersey Burglary Attorney

Jersey City Burglary Lawyer

New Jersey considers burglary an extremely serious crime because it normally involves a home invasion. Therefore, this state has made burglary a Graves Act offense, if the defendant was armed with a firearm during the burglary or immediately after. This means that you will have to serve a mandatory term of incarceration without being eligible for parole. Moreover, The No Early Release Act (“NERA”) applies to second degree burglary convictions because it is considered a crime of violence so must serve 85% of the sentence without being eligible for parole or early release. An experienced criminal attorney can help navigate the court system and work with the County Prosecutor’s Office to help avoid penalties such as the ones mentioned above. As founding attorney, William Proetta, Esq. has handled thousands of criminal and municipal court charges including many burglary cases throughout his career. In past cases, we have secured our clients admittance into Pre-Trial Intervention, resulting in no conviction and no incarceration. We represent clients throughout New Jersey including Union City, Weehawken, Harrison, North Bergen, West New York, Secaucus, Kearny, and Bayonne. If you would like to speak with an experienced burglary lawyer please contact our Jersey City office today at (201) 793-8018 for a free initial consultation.

New Jersey Burglary Statute: N.J.S.A. 2C:18-2

The New Jersey burglary law is provided below, in pertinent part, for your reading convenience:

§ 2C:18-2. Burglary

a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein he:

(1) Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter; or

(2) Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so.

b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:

(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 appear to be explosives or a deadly weapon.

Otherwise burglary is a crime of the third degree. An act shall be deemed “in the course of committing” an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.

 

Degree                                                                Facts                                                              Penalty

Third Degree

Enters a building with intent to commit a crime inside

3 – 5 years in prison

Second Degree

Someone is injured during burglary or armed defendant

5 – 10 years in prison; presumption of mandatory incarceration

 

Hudson County NJ Burglary Criminal Attorney

As stated in the above statute, the crime of burglary is completed the moment a defendant with intent to commit a crime inside enters a structure – which can mean a home, commercial building, car, or even a boat. Therefore, even if a defendant does not commit a crime once he gets inside the building it is still a burglary. Defending a burglary case can be very technical and complicated and often takes an experienced criminal defense lawyer to litigate legal issues. Proetta & Oliver is exclusively committed to defending clients for criminal and municipal court charges including burglary throughout New Jersey such as Bloomfield, Belleville, Guttenberg, Jersey City, Newark, Montclair, and Nutley. If you would like to discuss your case with an experienced burglary defense lawyer then please contact our Jersey City office at (201) 793-8018 for an initial consultation.