Three men arrested in connection with Neptune burglary
Three Monmouth County men have been arrested and charged with burglary, conspiracy, hindering apprehension, criminal mischief, and resisting arrest. The alleged burglary took place on Winding Ridge Court in Neptune, New Jersey which actually resulted in the precautionary lock-down of two local schools for a short time. Around 9:30 a.m. Friday morning the Neptune resident heard the burglars in her home so she locked herself in the bathroom and called the police. Police responded and arrested two men at the home and found the other man down the street from the home. For additional information, see "3 arrested in connection with Friday's home burglary in Neptune".
Burglary charges in New Jersey are governed by N.J.S.A. 2C:18-2 which provides:
§ 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.
It looks like in this case the men are facing charges for third degree burglary since it does not appear that there was any force or injury involved to the homeowner and the men were not armed with weapons.
