Charged with Manufacturing a Burglar Tools in NJ
One of the more common criminal offenses issued in concert with a shoplifting charge in New Jersey is “burglary tools”. This charge really seeks to prosecute anyone and everyone who is found to be in possession of a “tool” and/or “device” that could be used in order to commit a shoplifting charge. In other words, a tool that could be used to remove a tag, a sensor or anything of similar nature. Regardless of the underlying degree of the shoplifting charge, anyone accused of manufacturing a burglary tool will be charged with a fourth degree felony offense. If you or a loved one has been charged with shoplifting, possession of burglary tools, receiving stolen property, theft by deception or theft of moveable property in New Jersey the Law Offices of Proetta & Oliver can help. These are all serious charges and should not be taken lightly. If you would like to have a free initial consultation with one of our New Jersey Shoplifting Defense Lawyers about your options then please contact us at (732) 856-9959. Our attorneys appear in courts throughout New Jersey including courts in Hudson, Somerset, Mercer, Monmouth, Middlesex, Bergen, Passaic, Ocean and Union County. So if you have any questions whatsoever, please do not hesitate to contact us.
Burglary Tools Attorneys in New Jersey
NJSA 2C:5-5 is the governing statute in New Jersey for the crime of “burglar’s tools”. This statute will cover both the actual manufacturing and the publication of plans on how to manufacture burglary tools. Almost anything can be construed to be a “burglary tool”. But some of the most common burglar tools include but are not limited to a screwdriver, a knife, a crowbar, a hammer and scissors. As can see, these items have a legitimate purpose outside of being a burglar’s tools. That is where an experienced criminal defense shoplifting lawyer can seek to attack the evidence against you. To speak to one of our criminal defense lawyers about your options then please contact us at (732) 856-9959.
In order to be convicted of manufacturing burglar tools, the State must prove the following elements:
- That the Defendant manufactured an engine, machine, tool or implement adapted, designed, or commonly used for committing or facilitating the offense of;
- That they knew the engine, machine, tool or implement was adapted or designed or commonly used for committing or facilitating that offense; &
- That their purpose was to use or employ it, to provide it to some other person whom they knew had the purpose to use or employ it in order to commit or facilitate that offense.
In order to be convicted of publishing plans on how to manufacture burglary tools the State must prove the following elements:
- That the Defendant published plans or instructions dealing with an engine, machine, tool or implement adapted, designed, or commonly used for committing or facilitating the offense of ;
- It was their purpose for the plans or instructions to be used or employed to commit or facilitate that offense.
Will I go to Jail for a Burglar Tools Charge in NJ?
All burglary tools charges, regardless of the subsection, will be considered a fourth degree felony offense. A Defendant convicted of a fourth degree felony in New Jersey will be facing up to 18 months in a state prison, a fine up to $10,000 and a felony criminal record. With that being said, this charge is usually in addition to a shoplifting charge as well. With that being said, a Defendant charged with a possession of burglary tools could be eligible for the Pretrial Intervention Program. This is a diversionary program in New Jersey whereby if the Defendant completes the term, without issue, the charges will be outright dismissed. To speak to one of our criminal defense lawyers about your options then please contact us at (732) 856-9959. If a Defendant is to be convicted of this subsection, they will be forced to wait five years before they can be eligible for an expungement. For more information on expunging a felony shoplifting charge, please click the link.