Legal Question in Criminal Law in New Jersey

criminal law/ B&E 2nd affense charge

How many years is my boyfriend looking at for a 2nd offense of a B&E charge in supierior court in the state of New Jersey if found guilty?


Asked on 5/15/09, 10:04 pm

2 Answers from Attorneys

Kenneth Vercammen,Esq. Kenneth Vercammen

Re: criminal law/ B&E 2nd affense charge

A person is guilty of burglary if, with purpose to commit an offense therein the person:

(1) Enters a (research facility) (structure), or a separately secured or occupied portion thereof, unless the (research facility) (structure) was at the time open to the public or the person is licensed or privileged to enter; or

(2) Surreptitiously remains in a (research facility) (structure) or a separately secured or occupied portion thereof knowing that (he/she) is not licensed or privileged to do so.

Specifically, the defendant in this case is charged with entering with the purpose to commit an offense. I must therefore explain to you, first, what constitutes burglary under the law and second, what constitutes an offense. In order for you to find the defendant guilty of burglary, the State must prove beyond a reasonable doubt the following elements:

1. that the defendant entered1 the (research facility) (structure) known as without permission. 2. that the defendant did so with the purpose to commit an offense therein.

To read the entire article, go to http://www.njlaws.com/burglary_charges.htm

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Answered on 5/18/09, 11:57 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: criminal law/ B&E 2nd affense charge

Well there is no B&E in NJ, I guess you mean burglary. Up to 5 years. Call me at 732/247/3340 to discuss.

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Answered on 5/17/09, 2:50 pm


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