Passaic County Burglary Lawyer

Burglary Attorney In Passaic County

Most simply put, burglary is theft and fraud-related crime which is classified as entering a building or structure with the intent to commit a crime. It does not necessarily imply that anything has been stolen, but theft is a common crime that 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 Montanari Law Group, our criminal defense attorneys in Passaic County 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

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 that 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 constitute burglary. The actions of the offender must be intrusion or trespassing with the purpose to commit a separate offense. The most common offense being theft, but also including arson, assault, sexual assault, and many more.

Penalties for Burglary in New Jersey

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 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 the 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 Passaic County Burglary Defense Attorneys Today

The criminal defense attorneys at The Montanari Law Group 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 that may lead to reduced or even dismissed charges.

Contact us online or at our Little Falls 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.

Passaic County Burglary Lawyer Reviews

“Michael is knowledgeable, helpful, proactive, and an expert in his field. I had a very specific situation that he was able to expertly navigate and guide me through for the best possible result. I received exactly the outcome I was hoping for and it’s all thanks to the careful guidance and support of Michael and his team. Thank you again Michael!” – Aidan McGourty

“Jayna Patel was a pleasure to work with. Knowing how knowledgeable and experienced she was put me at ease during a very challenging time. She made the process easy and stress free. I would recommend her services to anyone in need of a family lawyer.” – Leyla

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