Burglary Defense Attorneys Passaic County, NJ
Protecting Client Rights Across West Milford, Paterson, Wayne, Clifton, Woodland Park, Little Falls and Passaic County
Most simply put, burglary is a theft and fraud related crime which is classified as entering a building or structure with the intent to commit a crime. It does not necessary imply that anything has been stolen, but theft is a common crime which is associated with burglary. In New Jersey, burglary charges may be either second or third degree felony offenses with maximum prison sentences up to 10 years in state prison.
At The Law Office of Del Sardo & Montanari, our criminal defense attorneys have extensive experience defending those charged with burglary in local New Jersey towns including Paterson, Wayne, Woodland Park, Clifton, West Milford, Little Falls and the greater Passaic County region. We will work with the details of your case and the evidence which has been presented against you to seek reduced or even dropped charges.
Call our office for a free and confidential consultation with a member of our criminal defense team today. We will be standing by to hear about your burglary or other theft and fraud charges and how we may be of service.
Burglary N.J.S.A. 2C:18-2: Clifton, NJ Burglary Defense Lawyers
As per New Jersey Revised Statutes Section 2C:18-2 – Burglary, burglary in New Jersey is defined as an actor engaging in one of the following criminal activities:
- Entering a structure which is not legally open to the public with the intention of committing a crime within. This can include buildings and structures which require a special license or other permissions to enter
- Remaining in a structure or building after being informed that he or she is not legally permitted to be there with the purpose to commit a crime within
- Trespassing on a property which has public and obvious signage prohibiting trespassers with the intention of committing a crime within. This also includes properties with fences or other enclosures which serve the purpose of keeping trespassers or intruders from entering
Again, it is not just entering these structures or areas which constitutes burglary. The actions of the offender must be intrusion or trespassing with purpose to commit a separate offense. The most common offense being theft, but also including arson, assault, sexual assault, and many more.
Paterson, NJ Burglary Attorneys Discuss Penalties
Second degree burglary charges may result if the offender, while committing burglary, also intentionally harms, threatens to harm, or attempts to harm another person. Second degree charges also may stem from burglars who are armed with or appear to be armed with a deadly weapon. Penalties for second degree burglary convictions include:
- Mandatory Prison Sentence ranging from five (5) to ten (10) years
- Maximum fine of $150,000
- Felony conviction on permanent record
Third degree burglary charges may result from any burglary charges in which the offender does not engage in a violent crime as listed above. Penalties for third degree burglary convictions include:
- Prison sentence between three (3) and five (5) years with the presumption of non-incarceration for first time offenders
- Fines up to $15,000
- Felony conviction on permanent record
While second degree convictions carry a presumption of incarceration, third degree conviction carry a presumption of non-incarceration. First time burglary offenders convicted of a third degree offense may serve no prison time. Our Paterson attorneys have experience helping our clients seek reduced sentences which can mean the difference between potentially 10 years in prison and probation.
Building a Defense for Burglary Charges in Passaic County
When handling burglary cases, our West Milford defense attorneys may take several different approaches to contest the prosecution’s arguments. Keep in mind that in order to be convicted, the offender must have unlawfully entered the property or structure with the intent to commit a crime.
Dependent on the nature of your charges, we may strive to show that you had the legal right to be on the property or in the structure in question. The plaintiff declaring that you were on a property illegally is not good enough. You must have entered or trespassed as pursuant to the legal definition of burglary.
Another common defense is against the “intent to commit a crime” piece. If the offender committed no crime while on or within the property in question, it is extremely difficult to prove that the offender had intent to commit such a crime. Allow our legal defense team to build a strong defense and seek to have your charges dropped or lessened.
Contact our Woodland Park Burglary Attorneys Today
The criminal defense attorneys at Del Sardo & Montanari believe in treating our clients with the individual attention and respect they deserve when facing burglary charges across New Jersey including Paterson, Woodland Park, Clifton, Wayne, West Milford, Little Falls and the greater Passaic County region. Lean on our extensive experience and intimate knowledge of New Jersey Criminal Law to dissect the evidence being held against you and present a strong counterargument which may lead to reduced or even dismissed charges.
Contact us online or at our Woodland Park offices by calling (973) 233-4396 to speak with a member of our legal team regarding your burglary or other theft and fraud related charges in a free and confidential consultation today.