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Criminal Defense - NJ Burglary (N.J.SA. 2C:18-2)


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8/31/2020
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Burglary is the unlawful breaking and entering into the structure of another with the intent to commit a felony or larceny while inside. Under N.J.S.A. 2C:18-2, there are three ways to commit Burglary in New Jersey described below:

Burglary by Entering

To be charged with Burglary by entering, a person must: 

  1. Enter a facility, structure, or separately secured or occupied portion of a structure;
  2. At a time not open to the public;
  3. Without permission or being allowed to be on the premises; &
  4. With the purpose of committing an offense on the premises.

Burglary by Remaining

Burglary based on remaining requires a person to:

  1. Surreptitiously remain in a facility, structure, or separately secured or occupied portion of a structure; &
  2. While knowing that one does not have permission and is not allowed to do so.

Trespassing on Utility Company Property

A charge of Burglary based on trespassing on utility company property is met when a person has:

  1. Trespassed; &
  2. In or on utility company property;
  3. Where public notice prohibiting trespass is given; &
  4. Or where notice is given by conspicuous posting, fencing, or any other enclosure designed to exclude intruders.

I've been charged, what should I do?

When everything is on the line, from your freedom, to your ability to be there for your family and friends, to your job and you reputation - you need a Criminal Defense team that will fight for you and leave no stone unturned to get you justice and a fresh start. If you have any questions at all about your criminal matter and how you can face your charges head on, please give us a call at (201) 529-8024. We want to hear your story.



Category: Criminal Defense


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