It often comes as a surprise to juveniles and adults to know that they can be charged with Burglary for breaking into a car. This was precisely the situation today for a gentlemen I represented in Ocean County Superior Court. The allegation against our client was that he utilized a lock knife to break in to a car thereby exposing himself to a burglary arrest under N.J.S.A. 2C:18-2. The burglary statute generally provides that a person is guilty of burglary where he or she enters a “structure” without a license to do so for the purpose of committing a criminal offense. Burglary can be a Second Degree or Third Degree crime depending on the facts surrounding the break in. Where a suspect threatens or actually commits physical harm (even recklessly), the charges are Second Degree. In circumstances where no physical threats or the like are involved, it is a Third Degree offense.
In the Ocean County case I handled today, law enforcement took the position that the car was a “structure”, hence, the client was charged with Third Degree Burglary in Ocean County. Thankfully, there are quite a bit of facts in our favor such that we are extremely hopeful of avoiding a conviction. We will keep you posted on how the case progresses.
Filed under: Burglary
