BURGLARY—N.J.S.A. 2C:18-2
If you’ve been charged with violation of 2C:18-2, (Burglary NJ) and the goods at issue are valued at over $500.00, if convicted, you are exposed to possible jail time up to 5 years, monetary fines up to $15,000.00, and criminal record. I have been practicing criminal law for 26 plus years and I have successfully handled this type of case. Please contact me at (732)-337-7922 for an evaluation of your circumstances and vigorous and competent representation.
ILLUSTRATIVE EXAMPLE OF THE CONDUCT CONSTITUTING THE OFFENSE:
You are a freshman at community college. Times are really tough what with this recession and having to spend all your time going to classes and stuff. You don’t even have beer and sub money. So, you and a few similarly situated friends cook up a scheme to case out other student’s dorm rooms, steal their computers and sell the stolen goods on Ebay. You are merrily working on your third caper. Unbeknownst to you the campus police have been tipped off that burglaries have been taking place on campus and are on alert for such activity. One evening you and your friends select the room of students you know to be out at a frat hazing. You slip your debit card into the door jam, open the door and walk into the room. You and your friends are gathering up a laptop and a desktop computer with speakers and 17” screen when the campus police arrive. Busted! Have you just committed a serious crime?
THE ACTUAL LAW—–Definition of “structure”
“In this chapter, unless a different meaning plainly is required, “structure” means any building, room, ship, vessel, car, vehicle or airplane, and also means any place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.”
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 at the time was open to the public or the actor is license 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.”
The answer to the question is YES. You’ve forced your way into a “structure” knowing you have neither license nor permission to do so. Additionally, you have committed the additional offense of theft of movable property while unlawfully inside the dorm room. That constitutes (at least) a third degree burglary, which is a crime (felony) punishable by monetary fines of up to $15,000.00, possible jail time of a minimum of three (3) years and a maximum of five (5) years per count, presumptive four (4) years, payment to the victim of restitution and a felony criminal record. N.J.S.A. 2C:43-3(b) If you are convicted as a second degree, the sentence would be monetary fines of up to $150,000.00, plus jail time of a minimum of five (5) years and a maximum of ten (10) years and a criminal record. N.J.S.A. 2C:43-3(a); State v. Sterling, A-5579-06, A-0048-08 (App. Div. 2011)
Had you used a weapon, or threatened bodily while in commission of the offense, it would have been a second degree crime, which would have elevated the monetary fines up to $150,000.00, possible jail time of a minimum of five (5) years and a maximum of ten (10) years, presumptive seven (7) years, payment to the victim of restitution and a felony criminal record. N.J.S.A. 2C:43-3(a); State v. Grenci, 197 N.J. 604, 964 A2d. 776 (2009)
If you have been charged with burglary, you need to know this is a serious criminal offense and that prosecutors are serious about convicting and incarcerating persons who engage in this unsavory activity. You need to retain the services of a skilled and experienced attorney to protect your interests immediately. Contact me for help at 732-337-7922
