New Jersey Burglary by Breaking and Entering: A Comprehensive Explanation Burglary by breaking and entering is a serious offense in the state of New Jersey. It refers to the unauthorized entry into a building or structure with the intent to commit a crime. This act is considered a crime against property and is punishable under New Jersey law. In order to better understand New Jersey Burglary by Breaking and Entering, it is important to explore its key elements and different types, if applicable. Key Elements of New Jersey Burglary by Breaking and Entering: 1. Unauthorized Entry: To be convicted of burglary by breaking and entering, an individual must unlawfully enter a building, structure, or dwelling. Simply put, unauthorized entry refers to gaining access to a premise without the owner's consent or permission. 2. Breaking: The act of breaking refers to overcoming or removing any obstacle that restricts access to the premises. It can involve picking locks, breaking windows, or dismantling barriers to gain entry. However, it's important to note that slight force is sufficient to meet this element. 3. Intent to Commit a Crime: The crucial element of this offense is the intent to commit a crime once inside the premises. This crime can vary and is not limited to theft; it may include offenses like assault, vandalism, or any other criminal activity. Types of New Jersey Burglary by Breaking and Entering (if applicable): In New Jersey, burglary by breaking and entering can be further categorized based on the nature of the crime committed after gaining unauthorized access. Although these subdivisions vary by jurisdiction and specific circumstances, here are a few commonly recognized types: 1. Residential Burglary: This type of burglary involves the unauthorized entry into a dwelling, such as a house, apartment, or condominium, with the intent to commit a crime. 2. Commercial Burglary: Commercial burglary occurs when an individual unlawfully gains entry into a business premises, such as a store, office, or warehouse, with the intent to commit a crime. 3. Vehicle Burglary: While it may not directly fall under the category of "breaking and entering," vehicle burglary refers to the unauthorized entry into a motor vehicle with the purpose of committing a crime, typically theft. Consequences and Penalties for New Jersey Burglary by Breaking and Entering: Burglary by breaking and entering is considered a second-degree crime in New Jersey. If convicted, the offender may face severe consequences, including imprisonment, fines, probation, and possible restitution to the victims. The exact punishment depends on various factors, such as the circumstances of the offense, the type of property involved, prior criminal record, and the presence of aggravating factors. It is important to consult with a knowledgeable criminal defense attorney if you or someone you know has been accused or charged with burglary by breaking and entering in New Jersey. An attorney can help navigate the legal complexities, build a robust defense, and aim for the best possible outcome in such a serious criminal matter.
New Jersey Burglary by Breaking and Entering
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Burglary ? Penal Code 459 Although using force or fraud to gain entry into someone else's property with such intent is considered burglary, forced entry is not required in order to be charged with or convicted of burglary.
Intent ? The suspect entering the structure or building must have the intent to commit a theft or felony at the exact moment of entering. There does not have to be a completed theft or felony, only the intent to commit one.
Merely reaching an arm into an open window counts as entering because the building's outer boundary was breached. Also note that you can get convicted of burglary even if you do not break into the residence or structure. Simply walking in through an unlocked door or open window would qualify.
While both involve illegal entry to a property, burglary requires a criminal intent beyond the unlawful entry, whereas breaking and entering does not. Burglary and breaking and entering are both serious offenses characterized by unauthorized access to private property.
In NJ, Burglary includes any unauthorized entry into a structure with the intent to commit a crime. If the intent to commit a crime cannot be proven, then the act may be considered criminal trespassing. NJ does not have a statute for breaking and entering.
Therefore, the term ?breaking and entering? is really an umbrella term that applies to several other crimes. One of these is burglary, which California Penal Code 459 defines as entering someone's property with the intent of committing a felony or theft once inside.
The following is a list of the minimum required crime elements for Burglary: ? Person knowingly enters or remains unlawfully (and) ? Building (and) ? Intent to commit crime therein. Is 'breaking and entering' into the building necessary? NO Opening an unlocked door or climbing through an open window is sufficient.
