New Jersey Burglary Attorneys

Aggressive Legal Defense Against Felony Charges

Burglary charges are among the most common indictable cases handled by New Jersey criminal lawyers. Burglary offenses are well-defined under state law, and many people are surprised to learn that you don’t even have to steal anything to be convicted. An attempt at any alleged crime while in a structure without permission  — from aggravated assault to sex crimes — can result in burglary charges. Clearly, this opens the door for stacked charges. That’s why you need a New Jersey burglary lawyer on your side.

At The Bianchi Law Group, our dedicated team of criminal defense lawyers knows what you’re up against. Facing indictable crimes is a scary situation that could result in years behind bars. If convicted of a second-degree crime, a defendant could face up to a decade in prison. Our law firm’s primary goal will always be to avoid a conviction. This is often done pre-trial by having charges dropped, but it’s also sometimes necessary to sidestep a guilty verdict at trial. However, every situation is different — so the best defense strategy can vary on a case-by-case basis.

Contact us today to schedule your free initial consultation.

What Can Lead to Burglary Charges in New Jersey?

In New Jersey, the burglary statute can be found in Title 2C, Chapter 18—Burglary and Other Criminal Intrusion. The crime is charged as either a second-degree or third-degree offense. Specific elements of this crime will make or break the prosecution’s case. Criminal defense attorneys frequently strive to show that these elements do not exist. In fact, disproving a specific element is often a key legal defense.

Under N.J.S.A. 2C:18-2, a person is guilty of burglary if, with a purpose to commit an offense, they:

• Enter a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter; or
• Surreptitiously remain in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so; or
• Trespass in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.

Former Burglary Prosecutors

The Bianchi Law Group is made up of a team of former trial prosecutors who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey, including burglary.

Certified Criminal Trial Attorneys by the New Jersey Supreme Court

Partners Robert A. Bianchi and David J. Bruno are also both certified by the Supreme Court of New Jersey as Criminal Trial Attorneys. In New Jersey, the New Jersey Supreme Court has a certification committee that classifies certain New Jersey Lawyers as Certified Trial Attorneys. The process requires the prospective attorneys to satisfy strict criteria, including extensive jury trials, a primary focus on criminal law, an application submission, a peer review process, a character and background check, and passing a written examination.

Only 250 of over 93,000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. This should be an important factor in finding a New Jersey criminal defense attorney to represent you. Many New Jersey Lawyers describe themselves as trial attorneys, but most do not have the New Jersey Court’s distinction as Certified Criminal Trial Attorney. While this distinction may not seem like much, it can make a huge difference if your case goes to trial. You need a trusted legal professional on your side.

At The Bianchi Law Group, our designation as Certified Trial Attorneys means that this is precisely what you’ll get.

Burglary Penalties Convictions in New Jersey

When someone hires a criminal attorney for burglary charges, it’s their hope that they can avoid serious penalties. Unfortunately for defendants, the penalties for a conviction are extremely strict. In fact, sentencing guidelines for burglary are among the most strict outside of homicide cases. Keep in mind that the following penalties are specific to burglary — not any underlying crime that was committed during unlawful entry into a structure.

This means it’s possible to see sentencing far more severe than discussed here. Burglary is a crime of the second degree if in the course of committing the offense, 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.

Otherwise, burglary is a crime of the third degree. N.J.S.A. 2C:18-2.

Crimes in the first degree can be punishable from 10 years to 20 years in New Jersey State Prison. Crimes in the second degree can be punishable from 5 years to 10 years in New Jersey State Prison. Crimes in the third-degree range can be punishable from 3 years to 5 years in the New Jersey State Prison.

The Sentencing Judge may also order fines and restitution as prescribed by N.J.S.A. 2C:43-3  for all convictions for Burglary in New Jersey.

What Are the Best Legal Defenses Used by Criminal Defense Lawyers?

When you have legal representation on your side, you’ll have the added experience of someone who handles criminal defense on a constant basis. Many people don’t realize just how many potential defense strategies there are for burglary charges in New Jersey. Here are just a few legal defenses that frequently prove successful in these cases:

• Lack of intent
• Mistaken identity
• Defendant had permission to be inside location
• Insufficient evidence
• Constitutional violations
• Procedural errors
• False allegations

At The Bianchi Law Group, our burglary lawyers in New Jersey know what juries are looking for. More importantly, as former prosecutors, we know the strategies utilized by the prosecution. This can provide you with a distinct advantage as your case plays out. From pretrial intervention to the potential for appeals, we’re with you every step of the way.

Contact us today for your free case evaluation.

Contact Our Trial Ready New Jersey Burglary Lawyers

Like in all of our cases handled at the Bianchi Law Group, our experienced team of former prosecutors are there to make sure the Government can prove its case beyond a reasonable doubt. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. That is what we do and what distinguishes us from other attorneys.

We are former prosecutors, trial-tested, and certified by the New Jersey Supreme Court as certified criminal trial attorneys. We will not hesitate to go to trial when necessary to secure a favorable outcome on your behalf under New Jersey law. We also handle criminal matters at all levels, so if you’re facing stacked charges, we can assist with those as well. Put simply, we’re the only law firm you need on your side. Contact us at (862) 292-4442 to schedule your free consultation.

Our New Jersey burglary lawyers are ready to assist.