Two Men Charged with Burglary for Breaking into Home
Residents of Marlboro returned home Saturday morning around 9:45 a.m. to find two men fleeing in a vehicle. The residents called the police and the two men were apprehended a half-hour later. Both men were charged with burglary and conspiracy. The defendants are being held at Monmouth County jail with bails of $100,000 and $50,000 respectively. For more information, please see "Two Charged with Breaking Into Marlboro Home".
This is an interesting case. Burglary is governed in New Jersey by N.J.S.A. 2C:18-2. One of the required elements of a burglary charge is that the defendant entered the structure "with the purpose of committing a crime therein". As a result, the perpetrator must have entered the structure or facility with the purpose of committing another crime. Also, notice that "breaking into" the house or facility is not a necessary element under the statute. The important issue is whether or not the individual had a license or right to be in the structure or facility.
In this case, it doesn't look like anything was stolen from the house. However, if the defendants entered the house with the purpose of stealing something then a burglary charge may be valid. On the other hand, it will be difficult for the State to prove that the individuals intended to commit a crime if they didn't actually steal anything. It will be interesting to see how this case turns out.
