On May 19th, a man was caught on a surveillance camera breaking into a home in Wanamassa and stealing electronics. After police released the video to the public, they received tips that led to the arrest of a 37 year old man from Ocean Township. Law enforcement issued warrants for the suspects arrest and he was taken into custody by the Dunellen Police Department after a traffic stop.

Burglary (N.J.S.A 2C:18-2)

The suspect is has been charged with burglary and theft and is currently held on $75,000 bail. He was not given the option to pay 10 percent of the bail to secure his release. In addition, his vehicle was seized by police as it was used in the commission of a crime.

In New Jersey if you unlawfully enter a property, with the intent of committing a crime, you are guilty of burglary. If you surreptitiously stay in or on property knowing you have no legal right to remain there, you are also guilty of burglary. For instance, if you are in a department store and it closes to the public for the night but you hide inside the store, then you have committed burglary.

Typically, burglary is a crime that involves theft. However, you can be convicted of burglary without having taken any property. If you enter a property with the intent to commit a crime, but do not end up committing any crimes, you can still be convicted of burglary.

In general, burglary is a third degree crime and is punishable by 3 to 5 years in prison and a fine of up to $15,000. Burglary is a second degree offense if you purposely harm anyone while committing the crime. A second degree burglary charge can get you 5 to 10 years in prison and a fine of up to $150,000.

Theft (N.J.S.A 2C:20-3)

The suspect has also been charged with theft for taking personal property from the home. New Jersey law states that someone is guilty of theft “…if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.”

In New Jersey, the monetary value of the property is a factor in determining the charges against the accused. Theft is a fourth degree crime if the property is valued at between $200.00 and $500.00. Theft of property valued between $500.00 and $75,000 is considered a third degree crime. And if you are charged with theft of items valued at $75,000 or more, it is a second degree crime.

Options for Defense of Burglary & Theft

Have you been charged with burglary and/or theft? Your criminal history and the facts of your case  need to be taken into consideration to properly defend against these charges. The criminal defense lawyers at Villani & DeLuca can help you determine the best course of action. They have the experience and knowledge you need. Call 732-965-3350 today for a free consultation.