burglary

Understanding the Elements of Burglary

Burglary is usually defined as the unlawful entry into any structure with an intent to commit a crime. The structure doesn’t have to be a home or business, and the crime intended doesn’t have to involve stealing. Physically breaking into the structure is also not required; simply trespassing through an open entrance can constitute burglary charges. In contrast to robbery, which involves forcefully taking another’s property, burglary often occurs when the victim is away from the structure.

Understanding More About Burglary

Entering a private structure with the intent to steal but leaving empty-handed because there was nothing inside qualifies as burglary. The crime of burglary was originally developed under common law centuries ago, and states have incorporated it into penal codes with some modifications. While common law defined burglary as occurring at the dwelling of another at night, states today have broadened the definition to include businesses and illegal entries during daytime hours as well.

Laws against burglary were originally developed to prevent violence and people’s homes–not target theft. There are other laws designed to criminalize taking another’s property, but burglary is designed to protect the sanctity of the dwelling, a structure where people frequent, and shield residents from potentially violent encounters with intruders.

The Elements of Burglary

States generally use the same definition to identify burglary. All of the elements must be present to convict someone of burglary charges. The elements of burglary include an unauthorized entry, involving a building or occupied structure, with the intent to commit a crime.

Unlawful Entry

The first element of a burglary charge is an unlawful entry. The process of breaking into the structure may be actual or constructive. An actual break-in involves applying physical force to gain entry however slight the force may be. This may involve picking a lock, kicking in a door, or pushing open a door that is already slightly ajar. A constructive break-in involves using means other than physical force to gain unlawful entry, like fraud or blackmail.

To qualify as burglary, the entry must occur without the consent of the person occupying the structure. However a break-in occurs, and the perpetrator must gain entry into the structure to satisfy this element of burglary. The perpetrator does not have to walk inside the building to commit a burglary; minimum entry is sufficient. Simply sticking a hand through an open window may be enough to fulfill this element.

Structure or Dwelling

Originally, burglary statutes under common law were designed to protect people from anyone intruding into their homes. Under states’ modern definitions, someone can be convicted of breaking into almost any type of structure as long as certain conditions are met. Typically, the structure must be capable of sheltering people, animals, or property. Fenced-off areas outside may not apply. In addition, the entry must occur while the structure is closed to the public.

Criminal Intent

The perpetrator must’ve had the mental intent to commit a crime after breaking in. Theft is common, but other crimes can constitute burglary charges. The crime must occur separately in addition to the break-in. If the intent is premeditated before the unlawful entry, some states may levy first-degree burglary charges. If the criminal intent was formed after the entry, perpetrators may only face second-degree burglary charges.

Burglary Laws in New Jersey

The general form of burglary is a third-degree felony offense in New Jersey. Third-degree burglary charges in New Jersey are punishable by five to 10 in prison and up to $150,000 in fines. For defendants in northern New Jersey, finding a Morristown criminal defense lawyer may help with reducing burglary charges or negotiating a more favorable plea agreement.

Legal Assistance for Burglary Charges

If you are in need legal assistance to fight burglary or forced entry charges, contact Morristown criminal defense lawyer Gregg Wisotsky by phone at (973) 898-0161 to set up an appointment at our New Jersey office. You can also fill out and submit the form that is found on our website.

Understanding Property Crimes

Most often, when you think about criminal acts, you think about crimes against people. But the law includes a wide range of offenses involving the property of others. This blog post provides an overview of the common property crimes.

At the law offices of attorney Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, we have protected the rights of criminal defendants for more than two decades, including people charged with property crimes. We offer a free phone consultation to every new client. Call us at 973-898-0161 or contact our office online for a private meeting.

Property Crimes in New Jersey

While property crimes are limited to criminal offenses that involve the unauthorized taking of money or property, there are many ways that this can be done, including:

Theft, or larceny — Typically broken down by degree (dollar amount value of the property taken), this type of crime is generally referred to as petty theft/petty larceny or grand theft/grand larceny. This crime requires that the perpetrator take the property of another person without permission and with the intent to permanently deprive.

Burglary — A burglary occurs when a perpetrator enters into the real property of another, without permission, for the purpose of committing an illegal act. Though that act is usually theft, it could be destruction of property as well

Fraud — Fraud usually involves the taking of money but can also occur when personal property or real property is conveyed. Fraud requires an intentional misrepresentation of fact. The fact must be material (or essential) to the transaction that leads to the conveyance of money or property. In addition, the reliance on the representation must be reasonable. Fraud can take a seemingly endless variety of forms, including consumer fraud, insurance fraud, bankruptcy fraud, bank fraud, mortgage fraud and investment fraud, to name only a few.

White collar crimes — Technically a type of fraud, white collar crimes are customarily forms of embezzlement or misappropriation of funds/property. They are typically tied to a person’s access to financial information or property because of their position in a company.

Arson — Arson occurs when a person intentionally sets fire to personal or real property.

Malicious destruction of property — Sometimes referred to as vandalism, this offense involves the intentional misuse of real or personal property without permission.

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

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