South Jersey Burglary Attorney Provides Aggressive Defense
Although the term “burglary” typically conjures up images of a masked man breaking and entering into a house or sneaking in through a store window late at night, most burglary offenses are far more mundane. That’s because New Jersey law defines burglary very broadly. As a result, it is one of the most commonly prosecuted theft crime offenses.
John Tumelty is the founding partner of the Law Offices of John W. Tumelty, a highly respected law firm with a proven track record of fighting and winning criminal cases. Mr. Tumelty is a former prosecutor with local experience handling theft offenses such as burglary, robbery, and shoplifting. Now he represents clients facing these same charges in Atlantic City, Brigantine, Margate, Ventnor, Longport, Atlantic County, and Cape May County, as well as other areas in South Jersey.
What Do You Need to Know If You’ve Been Charged with Burglary in New Jersey?
N.J.S.A. 2C:18-2 addresses burglary offenses in New Jersey. A person commits burglary when they enter or remain on property, without a lawful right or authorization to be there. In other words, when they are there for the purpose of committing a criminal offense. It is important to keep in mind that you do not actually need to commit a theft in order to be charged with burglary. If a theft occurs, you may face additional charges based on the value of the property taken. However, even an unsuccessful burglary attempt can result in burglary charges. If an offender enters a building with the obvious intent of stealing, burglary charges are just.
The penalties for burglary vary, depending upon the precise circumstances of the offense and the degree of the charge. Burglary is typically classified as a third degree felony, which is punishable by a term of incarceration of between three and five years in NJ State Prison.
Burglary can be classified as a second degree felony when the offense involves:
- A deadly weapon – In addition to a possible prison term of five to 10 years, an offender who brandished a firearm is also subject to the Graves Act. This means that you could be required to serve a minimum of 85 percent of any sentence before becoming eligible for parole.
- An assault – Second degree charges may be brought when the offender inflicts or threatens to inflict bodily harm on another person during the burglary. Basically, a threat to commit an assault can result in elevated charges for the burglary offense, as well as additional charges for assault.
John Tumelty Offers Comprehensive Burglary Defense in Atlantic City, Brigantine, Margate, Ventnor, Longport, Atlantic, Cape May & Ocean Counties
If you have been charged with burglary in the State of New Jersey, you need the help of an experienced attorney who will carefully investigate the facts of your case and craft a strong defense on your behalf.
John W. Tumelty knows what it takes to win a burglary case in New Jersey. As an Atlantic City criminal defense attorney, Mr. Tumelty has succeeded in getting theft crime charges dismissed and downgraded. Contact him today to discuss your case, either over the phone or at one of his office locations in Somers Point and Marmora.