Monmouth County Burglary Defense Attorney

Burglary allegations involve elements of intent, authorization, and location that must be proven by the prosecutor in order to meet the State’s burden. What someone believed about their right to enter a property, whether they had permission, or what their actual intentions were, can completely change the nature of the charges they’re facing. Prosecutors tend to view burglary accusations through the most serious lens possible and often charge defendants with the highest applicable offenses from the start.

Attorney Kristen Epifania knows that burglary cases can carry significant consequences for the accused. With near ten years of defending property crime cases, she understands how to challenge the prosecution’s evidence and prepare a strong defense. Contact us for a free consultation today.

New Jersey Burglary Laws

N.J.S.A. 2C:18-2 – Burglary

A person commits burglary if, with purpose to commit an offense therein or thereon, he/she:

(1) Enters a research facility, structure other than a residential dwelling, 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;

(2) Surreptitiously remains in a research facility, structure other than a residential dwelling, or a separately secured or occupied portion thereof knowing that the person is not licensed or privileged to do so; or

(3) Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, fencing, or other enclosure manifestly designed to exclude intruders.

• Second-degree offense if, during the burglary, that person purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone, or is armed with or displays what appear to be explosives or a deadly weapon.
• Third-degree offense in all other cases.

N.J.S.A. 2C:18-2.2 – Residential Burglary

Residential burglary takes place when a person, with intent to commit an offense therein or thereon, unlawfully enters a residential dwelling or accommodation, or surreptitiously remains in a residential dwelling or accommodation without license or privilege to do so. This applies regardless of whether the defendant knew someone was inside.

• Second-degree offense, subject to NERA (No Early Release Act), unless the defendant proves by a preponderance of evidence that they reasonably believed no person was present. In that case, it remains a second-degree offense but is not subject to NERA.

N.J.S.A. 2C:18-2.1 – Home Invasion Burglary

Home invasion burglary is considered a more serious offense than residential burglary, and occurs when a person unlawfully enters or remains in a residential dwelling with the intent to commit an offense and, in the course of the crime, either attempts or threatens bodily injury, or is found armed with a deadly weapon.

• First-degree crime, subject to the No Early Release Act (NERA).

Criminal Trespass

Under New Jersey law (N.J.S.A. 2C:18-3), criminal trespass involves unlawfully entering or remaining in a structure or place when you are not licensed or privileged to do so. The statute distinguishes different types of trespass:

• Defiant Trespasser (Petty Disorderly Persons Offense):
  When someone enters or remains in a place despite notice against trespass being given. Notice can be provided by verbal or written communication, signs, or fencing.
• Unlicensed Entry of Structures (Disorderly Persons Offense):
  When someone enters or secretly remains in any building or structure, knowing they are not allowed to be there.
• Trespass into a Dwelling, School, or Research Facility (Fourth-Degree Crime):
  When someone trespasses in a dwelling (home), school, or research facility, these are treated more seriously due to privacy, safety, and security concerns.

Common Consequences of Burglary Convictions

The consequences of a burglary conviction in New Jersey depend on the degree of the crime:

• Fourth-degree crimes can result in up to 18 months in prison and fines up to $10,000.

• Third-degree crimes carry penalties of 3 to 5 years in prison and fines up to $15,000.

• Second-degree crimes can result in 5 to 10 years in prison and fines up to $150,000.

• First-degree crimes carry penalties of 10 to 20 years in prison and fines up to $200,000.

Common Burglary Defenses

In the face of serious burglary charges, a strong defense is key. When discussing our strategy for your burglary case, we may consider:

Lack of Intent: One of the key elements in a burglary charge is the intention to commit a crime once inside the structure. If it can be shown that you had no such intent, this could be a powerful defense.

Consent/Permission to Enter: If you had permission or believed you had permission to enter the property, this could also serve as a defense.

Mistaken Identity: Mistaken identity is another common defense in burglary cases. If you can provide an alibi or evidence that shows you were not at the scene of the crime when it occurred, this could lead to your charges being dismissed.

Insufficient Evidence: Prosecutors must prove beyond a reasonable doubt that you intended to commit the crime with which you’re charged. If they can’t meet this high standard, your charges may be reduced or dismissed.

Contact Us for a Free Consultation

At the Law Office of Kristen Epifania, LLC, we know being charged with a crime does not mean a conviction. You have the right to an aggressive defense. Don’t face these charges alone and contact us today for a free consultation.