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Burglary Attorney in New Jersey

Bergen County Criminal Defense Attorney

Burglary is considered a nonviolent theft crime, characterized by entering into a location while not having explicit permission or with the intent to commit another sort of crime. Despite the notion that no one will come to direct physical harm from a burglary, New Jersey legislation still penalizes those convicted harshly, comparative to those who are convicted of robbery. If you have been accused of burglarizing a location, you must not hesitate to secure reliable and responsive legal advocacy.

At Law Offices of Joseph R. Donahue, LLC, our Bergen County criminal defense attorney has earned a reputation as being a hard-hitting attorney who knows his way around a courtroom. The prosecution is never perfect, and we know where and how to look for weak spots in their argument. A single exploitation could lead to their downfall, as they are burdened with proving, beyond a reasonable doubt, that you are in fact guilty of the crime for which you are being charged. If they cannot, there should be no conviction.

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What Can Be Burglarized?

The definition of burglary has been kept intentionally open-ended. This allows the police to tack on the charge to more and more arrests, rather than limiting it to specific places. The reality is that nearly any place or sealed vehicle can be burglarized so long as it is empty when the act occurs, otherwise it could be escalated to robbery. Furthermore, all you have to do is stick one hand inside the location for it to count as unlawful trespassing.

An example of locations that are frequently burglarized include:

  • Homes
  • Offices
  • Automobiles
  • Restaurants

With the definition of burglary being so broad, the prosecution can gain false confidence in believing that it is impossible for a defendant to escape its classification. With our years of legal and trial experience, we have learned that vague legal terms can actually be used to the advantage of our clients. It all boils down to looking at the evidence and discovering where there is room for a defensive argument.

Defenses to burglary accusations are unique to each case but could include:

  • Mistaken identity: Burglars often do all they can to mask their appearance through dark clothing. They also rarely leave behind reliable physical evidence, such as fingerprints. The prosecution must prove beyond a doubt that the person identified in photographic evidence or eyewitness testimony was actually you and not someone like you.
  • Intent: One of the key phrases in the definition of burglary is that the defendant must have had the intent to commit a crime. If you entered someone’s property uninvited but had no cause to commit another crime, like stealing or vandalizing, you have not burglarized the place. If anything, you committed unlawful trespass, a crime with sentences far less severe than a burglary conviction.
  • Misunderstanding: In many situations, the defendant had reason to believe that they were welcome on the property, such as if they were arrested for allegedly burglarizing the home of an old friend. In situations involving an unsecured location or structure, such as a tent or outhouse, the argument could easily be made that the defendant had no idea they had even entered a property that was not theirs or not open to the public.

Theft Crime Defense for the People of New Jersey

Why should you take your chances with an impersonal and overworked public defender when our Bergen County criminal defense lawyer is just a phone call away? When you contact our office, you can request a free initial consultation that puts no obligation on you to retain our services. It is just another way that Law Offices of Joseph R. Donahue, LLC puts the needs of our clients first. 

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Reviews & Testimonials

At Law Offices of Joseph R. Donahue, LLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "The best lawyer I could have ever asked for"

    The best attorney I have ever met in my life. I was facing four felony gun charges and ended up paying a $100 fine with a ...

    - Patrick
    "An outstanding lawyer who I will always recommend to my family and friends."

    He handled my case effectively. An outstanding lawyer who I will always recommend to my family and friends. He displays a lot ...

    - Recent Client
    "TRUST me and go to him if you need anything, he won't let you down"

    My experience was beyond amazing. I always thought going through the court process and finding a lawyer would be the hardest ...

    - Recent Client
    ""the superior court judge issued a written order reversing the municipal court's guilty decision""

    Our son was arrested and charged with DUI in early December of 2015. We got a lawyer who helped us gather evidence (arrest ...

    - Anonymous Client
    "You and your staff were exemplary in your efforts and performance."

    Dear Joseph: I wish to thank you and the staff for all of your efforts, professional knowledge and timeliness in performing ...

    - Criminal Client
    "Outstanding Legal Professional"

    As a Case Management Consultant, I have referred a number of clients to Mr. Donahue over the years. He is an outstanding ...

    - Advocacy Support Network LLC
    "restored my faith in lawyers"

    Mr. Donahue defended me in DWI,it would have been my 3rd.I would have lost DL for ten years and 180 days in jail. I would ...

    - Ken
    "Outstanding Litigator"

    I am a legal consultant who works with many of the top criminal defense lawyers primarily in Northern and Central New Jersey. ...

    - Client
Our Trial-Tested Approach

We always strive to put our clients in the best position possible, so our immediate goal is to obtain a case dismissal or acquittal. If this cannot be done, we seek to minimize the consequences by all legal means possible, perhaps by pursuing a plea agreement, which could include alternate sentencing that improves the impact on our client’s record. Our Bergen County criminal defense attorney is a resolute advocate who never hesitates to take a case to trial if we feel it is in the best interests of our client. No matter how complex your charges may be, we have the proven expertise and passion to help you achieve a positive outcome. Discover how we can help you today.