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Charged with Possession of Burglary Tools in NJ? 2C:5-5 We Can Help:
Burglar's Tools & Anti Shoplifting Countermeasures in NJ: 2C:5-5
It is illegal to possess or use any item that can aid in a shoplifting offense or render less effective any anti shoplifting packaging or devices. NJSA 2C:5-5 Device Examples include: using or possessing a:
Box cutter Knife including: razor, utility or hunting Rock (example: if used to break a window) Crow bar or Hammer Demagnatizer bag Bar code reader etc.
Penalties for Possession of Burglary Tools 2C:5-5 in NJ: is a crime of the fourth degree punishable by up to 18 months in jail plus a $7500.00 fine if the defendant manufactured the product or published plans or instructions for such instrument or implements; otherwise for the user it is commonly charged as a disorderly persons offense carrying a sentence of up to 180 days in jail up to $1,000.00 fine, probation and a criminal record.
Frequently Asked Questions About A Burglary Tools Charges in New Jersey:
What is a “burglary tools” charge in New Jersey?
New Jersey law, under N.J.S.A. 2C:5-5, makes it an offense to manufacture or possess certain tools or implements when the person knows they are adapted, designed, or commonly used to commit or facilitate burglary, theft, or forcible entry—and possesses them with the purpose of using them for that criminal purpose.
Do I have to actually commit a burglary to be charged with possessing burglary tools?
New Jersey law, under N.J.S.A. 2C:5-5, makes it an offense to manufacture or possess certain tools or implements when the person knows they are adapted, designed, or commonly used to commit or facilitate burglary, theft, or forcible entry—and possesses them with the purpose of using them for that criminal purpose.
Does simply possessing an ordinary tool make it a burglary tool?
Sometimes, but not necessarily. The statute does not prohibit possession of ordinary tools simply because they could potentially be misused when used unlawfully. The circumstances surrounding the possession, the nature of the item, the person's knowledge, and—critically—the alleged criminal purpose can all be important in determining whether the statute applies. So its not just what you have but when and where you had it.
What must the prosecution prove in a burglary-tools case?
Your specific facts matter, but N.J.S.A. 2C:5-5 requires more than simply showing that someone possessed an object. The State generally must establish the required knowledge concerning the tool and the person's purpose to use it for an offense involving burglary, theft, shoplifting or forcible entry, or to provide it to someone with that purpose.
Can I be charged if the tools belong to someone else?
Potentially. Ownership and possession are not necessarily the same issue. Whether the State can establish that a particular person knowingly possessed an item—and possessed it with the criminal purpose required by the statute—depends on the circumstances of the case.
Can the police charge me based on the circumstances surrounding the tools?
The surrounding circumstances can be some of the most important evidence in a burglary-tools investigation. The State still has to prove the elements of the offense, including the required knowledge and purpose. But this is where an attorney can help bring out the positive facts of your case to strengthen your defense.
Can a burglary-tools charge be filed along with other criminal charges?
Yes and it commonly is: A burglary-tools allegation may arise alongside charges such as burglary, theft, criminal trespass, or other offenses, depending on the circumstances. Each charge has its own legal requirements and potential consequences but winning the underlying offense can help with this charge also.
What should I do if I have been charged with possession of burglary tools?
Avoid discussing the facts of the case with investigators or other parties, including your friends. Call our office immediately and set up a consultation so we can protect your rights from day one to get you the best defense. Starting early on your defense can make all the difference in getting the best result.
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The New Jersey Code of Criminal Justice - Section 2C:5-5 Defines Burglar's Tools: The charge in summary states that: no person may use, possess or manufacture any item or tool, designed or commonly used for committing or facilitating any shoplifting or burglary offense. It is also illegal to manufacture or provide said item to any person who he/she knows or should have known that said other person will use it. The crime of possession of Burglars Tools in NJ also prohibits the publishing of plans or instructions either on the web or on paper dealing with the manufacture or use of any burglar tools, with the intent that such publication be used for committing or facilitating any offense of shoplifting or burglary.
Attorney H. Scott Aalsberg, Esq., is Ranked Nationally as one of the Top Ten Criminal Defense Lawyers
by the National Academy of Criminal Defense Attorneys and is Ranked one of the Top 25 Trial Lawyers by the National Trial Lawyers. If you want to win your charge you need the best lawyer. Put Attorney H. Scott Aalsberg, Esq., 98%* success rate to work for you.
Possession of Burglary Tools is a separate charge from shoplifting but is generally charged with a shoplifting or theft offenses in NJ. This means that you will face punishment for both offenses and the time you serve will be consecutive. The majority of people charged with possession of burglary tools got charged because either they had a knife, pry bar, or box cutter on them at the time they were caught shoplifting, stealing or breaking into some ones house or store. Your defense is not just based on what you did but on what the police did. For example: where the procedures proper, was the evidence used to convict you obtained properly. Defenses do exist to a charge of possession of burglary tools and even if you did the crime we can help. Attorney Aalsberg has a 98%* success rate of helping his clients win reduce or eliminate the penalties they face. Put the experience of over 12,000 criminal and municipal court matters to work for you today, call 1-800-9-RIGHTS and setup a free in office consultation. The Call is free the results could be priceless.
A charge of Burglary Tools is a serious criminal offense and can lead to jail.
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H. Scott Aalsbeg, Esq., P.C.
The NJ Criminal Defense Lawyer
G-10 Brier Hill Court, East Brunswick, NJ 08816
1028 Route #23 North, Wayne, NJ 08831
1-800-974-4487