Burglary Charge Attorney in Elizabeth, New Jersey

Have you or a loved one been charged with burglary in Elizabeth, New Jersey? Burglary is a serious felony offense with potentially severe consequences, including imprisonment, fines, and a permanent criminal record. Don’t face this challenge alone. If you or a loved one is facing a burglary charge in New Jersey, Attorney Brett M. Rosen is an excellent choice for legal representation. Here’s why:

Understanding Burglary Charges in New Jersey: N.J.S.A. 2C:18-2

In New Jersey, burglary is broadly defined as:

• Entering a structure (building, home, etc.) without permission with the intent to commit a crime inside.
• Remaining in a structure without permission with the intent to commit a crime.

The severity of the charge depends on several factors, including:

• Whether someone was present during the burglary
• Whether a weapon was used or threatened
• The value of property stolen
• Whether the structure was a dwelling (home)

Penalties for Burglary in Elizabeth, NJ

• Third-Degree Burglary: Up to 5 years in prison and a fine of up to $15,000
• Second-Degree Burglary: Up to 10 years in prison and a fine of up to $150,000 (if the structure was a dwelling, someone was present, or a weapon was involved)

Why Choose Brett M. Rosen, Esq. for Your Elizabeth, NJ Burglary Case?

• Extensive Criminal Defense Experience: Attorney Rosen has a deep understanding of New Jersey’s criminal laws and a proven record of success in defending clients against serious felony charges.
• Meticulous Case Analysis: We will carefully examine every aspect of your case, including police reports, witness statements, and any available evidence, to identify potential weaknesses in the prosecution’s case.
• Aggressive Representation: We will relentlessly advocate for your rights, challenge the evidence against you, and explore all available defense strategies.
• Local Knowledge: We are intimately familiar with the Union County court system and the local prosecutors, which gives us an advantage in negotiating favorable plea deals or defending you at trial.

Defenses Against Burglary Charges in Elizabeth, NJ:

1. Lack of Intent:

• No Criminal Intent: The prosecution must prove you intended to commit a crime when you entered or remained in the structure. We can argue that you had no criminal intent and were there for a legitimate purpose, like retrieving your own property or seeking shelter.
• Intoxication: If you were intoxicated at the time of the alleged burglary, this may negate the specific intent required for a conviction.

2. Consent:

• Permission to Enter: If you had permission from the owner or occupant to enter the structure, it’s not burglary. We can investigate if you had implied or express consent.
• Mistake of Fact: You genuinely believed you had permission to enter the structure, even if you were mistaken.

3. Mistaken Identity or False Accusation:

• Wrong Person: You were misidentified as the perpetrator or falsely accused of the crime. We can use alibi witnesses, surveillance footage, or other evidence to prove your innocence.

4. Insufficient Evidence:

• No Proof of Entry: The prosecution must prove beyond a reasonable doubt that you entered the structure illegally. If there’s no evidence of forced entry or your presence inside, this can be a strong defense.
• Weak Evidence of Intent: If the evidence of your intent to commit a crime is weak or circumstantial, we can argue that it’s not enough to convict you.

5. Illegal Search and Seizure:

• Fourth Amendment Violation: If law enforcement obtained evidence against you through an illegal search or without a valid warrant, we can challenge the admissibility of that evidence, potentially leading to a dismissal.

6. Duress or Necessity:

• Duress: You were forced to commit the burglary under threat of harm to yourself or someone else.
• Necessity: You entered the structure out of necessity to avoid a greater evil, such as seeking shelter from a dangerous storm.

Additional Defenses (Less Common):

• Entrapment: Law enforcement induced you to commit a crime you wouldn’t have otherwise committed.
• Mental Incapacity: A mental health condition prevented you from understanding the nature of your actions or forming the intent to commit a crime.

Important Note:

The specific defenses that can be used in your case will depend on the unique facts and circumstances surrounding your burglary charge. It’s critical to consult with an experienced criminal defense attorney like Brett M. Rosen, Esq., who can evaluate your case, advise you on your options, and build a strong defense strategy.

FAQs About Burglary Charges in Elizabeth, NJ

• Q: What is the difference between burglary and robbery?
  • A: Burglary involves entering a structure with the intent to commit a crime, while robbery involves using force or threat of force to take property from a person.
• Q: What if I didn’t actually steal anything during the burglary?
  • A: You can still be charged with burglary even if you didn’t take anything. The key element is your intent to commit a crime upon entering the structure.
• Q: Can I be charged with burglary if I didn’t break into the property?
  • A: Yes. You can be charged with burglary even if the structure was unlocked or if you entered through an open door or window.
• Q: What if I was just looking around and didn’t intend to steal anything?
  • A: The prosecution must prove that you had the intent to commit a crime when you entered the property. If you can show you had no criminal intent, it could be a defense against the charge.
• Q: Can I be charged with burglary if I entered my own home or business with the intent to commit a crime?
  • A: Technically, yes. However, these situations might be charged differently or involve additional legal considerations.
• Q: What are the potential defenses against a burglary charge?
  • A: Several defenses can be used, including: * Lack of intent to commit a crime * Consent to enter the property * Mistaken identity * Insufficient evidence * Illegal search and seizure * Duress or necessity
• Q: What are the consequences of a burglary conviction in New Jersey?
  • A: Burglary is a serious felony, carrying penalties of up to 5 or 10 years in prison, depending on the degree of the crime, and significant fines.
• Q: Can I get a burglary conviction expunged from my record?
  • A: In some cases, you may be able to expunge a burglary conviction after a certain period of time has passed. An attorney can advise you on your eligibility and the expungement process.
• Q: What should I do if I’m accused of burglary?
  • A: Contact an experienced criminal defense attorney immediately. Do not speak to the police or make any statements without legal representation.
• Q: How much does it cost to hire a lawyer for a burglary case in Elizabeth?
  • A: Legal fees vary depending on the complexity of the case and the attorney’s experience. Brett M. Rosen, Esq., we offer free consultations to discuss your case and our fees.

Don’t Let a Burglary Charge Ruin Your Life

A burglary conviction can have devastating consequences. Don’t face this challenge alone. Contact Brett M. Rosen, Esq. today for a free and confidential consultation. We’re ready to fight for you.

Call to schedule your consultation.

Brett M. Rosen, Esq. 

We serve Elizabeth and all of Union County.

Disclaimer: This website is for informational purposes only and does not constitute legal advice.