Serial burglars from Englewood arrested; $750,000 bail set
By Travis Tormey posted in Theft Offenses on Monday, October 29, 2012
Five suspected serial burglars from Englewood were arrested last week as they were trying to chisel open a stolen safe in an Englewood garage. These alleged burglars were apprehended thanks to the joint efforts of the local police departments and the Morris County Prosecutor’s Office. The suspects were charged with receiving stolen property and possession of burglary tools and their bail was set at $750,000.00. The bail is extremely high based on their extensive prior criminal history and the risk of flight. Apparently, many of the suspects were out on bail and facing similar charges in other jurisdictions prior to this most recent arrest. For additional information on this arrest, please see the Bergen Record article entitled, “5 men from Englewood held in burglary spree”.
Burglary charges in New Jersey are governed by N.J.S.A. 2C:18-2 which provides in pertinent part:
§ 2C:18-2. Burglary
a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein he:
(1) Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor 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 is not licensed or privileged to do so.
b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:
(1) Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or
(2) Is armed with or displays what appear to be explosives or a deadly weapon.
Otherwise burglary is a crime of the third degree. An act shall be deemed “in the course of committing” an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.
As the above statue states, burglary is normally a crime of the third degree. However, if the burglar is armed or someone is injured in the course of the burglary, this becomes a second degree offense.