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Flemington NJ Burglary Defense Lawyers

October 25, 2020 Flemington Criminal Lawyers

A common indictable theft crime in Hunterdon County is burglary. While this offense tends to conjure up images of violence, all it takes is an unauthorized entry into a structure for the purpose of committing a crime. If you got charged with burglary in Hunterdon County, you need to act fast to get a defense lawyer. Not getting a dismissal or downgrade will result in your having a felony criminal record and probably serving a state prison sentence. Our cadre of accomplished defense attorneys has the qualifications to make sure that you avoid these consequences.

A Burglary Charge in Hunterdon County, NJ

The criminal charge of burglary is covered under N.J.S.A. 2C:18-2. This statute makes it either a third or second-degree crime to enter or “surreptitiously remain” in a structure without license or permission for the “purpose to commit an offense thereon.”  A burglary charge also comes about when an individual is trespassing on property of a utility company despite a sign, fencing or other barrier indicating no trespassing.

What is a Structure Under This Law

The word “structure” is defined in N.J.S.A. 2C:18-1 as a building, room, car, truck, van, plane, boat or any other place capable of overnight stay or for conducting business.

What Does Surreptitiously Remaining mean?

A person commits burglary in this manner if they stay on a property in a manner intended to avoid detection.

What Consequences Will I Face At The Time Of Sentencing For Burglary At The Hunterdon County Superior Court in Flemington?

Burglary is a second-degree offense in two scenarios. Conduct escalates to second-degree burglary  where someone “[p]urposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone.” The other way is when someone is armed or shows what appears to be a deadly weapon or explosive.

Penalties for burglary are based on the degree of the offense. Third-degree burglary can get you up to 5 years in prison and a fine of up to $15,000. A second-degree offense carries 5-10 years inside and a fine of up to $150,000. The No Early Release Act applies at the time of sentencing for second-degree burglary. This law requires that a defendant serve at least 85% of their prison sentence before they can be considered for parole.

What Additional Consequences Exist If A Firearm Is Used In A Burglary?

The Graves Act is triggered if a firearm is involved  in the commission of a burglary. This law requires that the defendant satisfy a mandatory minimum period of incarceration before becoming eligible for parole.

 

Is There Pretrial Intervention (PTI) To Divert A Burglary Charge?

First-time offenders who have never been granted a prior diversion and face a third-degree burglary offense are eligible for Pretrial Intervention (“PTI”).

Hunterdon County Burglary Defense Lawyers

Burglary charges are nothing to take lightly. You should retain a lawyer that has vast experience defending people who have been charged with felonies like a Hunterdon County burglary offense is certainly your best move in our opinion. Here at Spodek Law Group, we have a team of talented criminal attorneys that will give their time and skill to help you achieve the most favorable outcome in your case. For a free consultation with an attorney anytime, give us a call.

Reach out to Spodek Law Group to talk to a criminal defense lawyer about your burglary offense at the Hunterdon County Superior Court in Flemington, even if your charges were filed in Readington, Clinton, Union Township, Raritan Township, East Amwell, Lebanon, Alexandria, Lambertville, Holland, Delaware Township, Kingwood, Frenchtown, Califon, Franklin Township,Glen Gardner, Hampton, Stockton, Milford and Bloomsbury NJ.

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