Burglary is always considered an indictable crime under New Jersey law. It is charged as a third-degree indictable offense if you are caught entering a structure (i.e., home, business, vehicle, etc.) without permission and with the intent to commit another crime once inside. However, it may be upgraded to a second-degree offense if you are armed with a deadly weapon or use, attempt to use, or threaten to use physical harm while committing another crime. The outcome of a third-degree or second-degree burglary charge is typically three to five years, or five to 10 years, in a New Jersey state prison, respectively. Well, for this, please follow along to find out whether you can evade imprisonment as a first-time offender and how a proficient Morristown criminal defense lawyer at Graves Andrews, LLC can fight for this ruling on your behalf.
Can first-time offenders of burglary avoid a New Jersey state prison?
As a first-time offender, your lawyer may know that your best bet to avoid a prison sentence is through the New Jersey Pretrial Intervention (PTI) Program. If you are accepted into this program, you may enter a supervised diversion program rather than going to trial. At this time, you may be expected to complete community service, attend counseling, pay restitution to the victim(s), and remain arrest-free. And if you complete these tasks successfully, your charges may be dismissed entirely.
Even if you do not qualify for PTI, your lawyer may use alternative methods to keep you out of prison. For one, as a first-time offender with a proven low risk of reoffending, they may get the criminal judge to order a probationary sentence instead of a prison sentence. Further, they may attempt to convince the judge that your offense stemmed from poor judgment rather than criminal intent. By establishing a lack of intent, they may reduce your charge to a fourth-degree criminal trespass. Although this may still come with possible imprisonment (i.e., up to 18 months), your lawyer may fight for a conditional discharge or dismissal after the aforementioned probationary period.
What other defenses can reduce or dismiss a burglary charge?
Besides arguing that there was a lack of intent behind your burglary offense, your lawyer may adopt other defense strategies that may reduce or dismiss your charges altogether, subsequently eliminating the punishment of prison time. Such claims that may apply to the circumstances surrounding your incident are as follows:
- You and your lawyer may claim you had the owner’s permission to enter a structure and believed you were allowed inside.
- You and your lawyer may claim your identity was mistaken and that the evidence is flawed or unreliable.
- You and your lawyer may claim law enforcement violated your rights when searching your property or seizing the evidence.
There is no need to wait any longer to hire a talented Morristown criminal defense lawyer if you are already ready to get on with your criminal defense strategy. Reach out to our law firm, Graves Andrews, LLC, at your earliest possible convenience.