Information on Burglary
Atlantic County Criminal Defense LawyersBurglary, 2C:18-2A burglary is usually committed when someone enters, or surreptitiously remains in a structure with the purpose to commit a crime. Contrary to popular belief, a burglary does not involve a theft. While a common scenario may be a forced entry into a house or a vehicle to steal property, a burglary is an unlawful entry to commit any crime. It also does not need to be a "breaking and entering". Usually a burglary is a third degree offense. It is elevated to a second degree when the actor 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. A structure is almost anything you think could be a structure. It includes any building, room, ship, vessel, car, vehicle or airplane and any place adapted for overnight accommodation of persons or any place meant for carrying on business. Furthermore, a person does not need to be present in any of these locations. Criminal Trespass, 2C:18-3Trespass can be thought of as a burglary without the intention to commit a crime in the structure. There are three types. Unlicensed entry of structures, 2C:18-3(a)This crime is committed when someone enters or surreptitiously remains in any structure when they are not permitted to do so. Unlike burglary, the grading of this crime depends on the type of structure. It is a fourth degree offense if it is committed in a school, on school property, a dwelling, research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. Otherwise it is a disorderly persons offense. Defiant trespass, 2C:18-3(b)This offense is committed when someone enters or remains in any place as to which notice against trespass is given by actual communication to the person, a posting or fencing. Thus, the key difference between this offense and unlicensed entry of structures is the notice requirement This is a petty disorderly persons offense. Peering, 2C:18-3(c)The crime of peering into windows or other openings of dwelling places is fourth degree offense. It is committed when someone peers into a window or other opening of a dwelling or other structure adapted for overnight accommodation for the purpose of invading the privacy of another person. Possession of Burglar's Tools, 2C:5-5(a)This offense is committed when someone possesses tools or other objects designed or commonly used for committing or facilitating a theft offense or offenses involving forcible entry into premises. If the person manufactures or publishes plans for the tool, it is a fourth degree offense. Otherwise, it is a disorderly person's offense. We have the experience, knowledge and innovative defense tactics to help protect you as well as your family, career and reputation. When you hire Jack Venturi & Associates, a team of tough, smart attorneys will craft a strategy that is uniquely tailored to help achieve the result you want in your case. Our battle plan to attack the allegations against you is then immediately started so we can get ahead of the case. Day or night, weekday or weekend, call Jack Venturi & Associates at 732-247-3340 to speak to an aggressive attorney that can represent you in Atlantic County or any State or Federal court, anywhere in New Jersey. Contact Jack Venturi & Associates to speak with an experienced Atlantic County Criminal Defense Attorney regarding your case. Free Initial Consultations |
