Charge 2C:18-2a(1) Burglary in the third degree.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Charge 2C:18-2a(1) Burglary in the third degree.
Arrested on July 5, 2009 in Lakewood, NJ. Charge 2C:18-2a(1) Burglary in the third degree.I had been drinking at a family birthday party. I was very intoxicated more than I thought. Drinking mixed hard liquor drink. Very irresponsibly on my part, as I take four medications for severe depression and can not mix with hard liquor, this causes me to have black outs. I have had similar black outs in the past. None involving a crime or felony.Hotel says they have surveillance of me breaking into the vehicle. I do not remember everything. One thing is for certain, I would never plan to do somethi
Asked on July 5, 2009 under Criminal Law, New Jersey
Answers:
Martin Matlaga / Martin D. Matlaga, Esq., LLC
Answered 15 years ago | Contributor
- 2C:18-2a(1) Burglary is a 3rd degree offense. The mental state required for this crime is
- with purpose. This means that it must have been your conscious object to have broken into
- the vehicle. Severe intoxication is a possible defense when this mental element is required
- by a particular crime. (See 2C:2-8.) An expert may be required to testify as to the effect of
- mixing alcohol with your medications. One thing further, in light of the fact that this was a
- vehicle (?) Burglary, if you have no criminal record here or in any other state, you might want
- to apply for Pretrial Intervention (PTI). The only thing they can do is say "No." Their decision
- can then be appealed to the judge.
Richard H. Insley / Ferrara, Turitz, Harraka & Goldberg
Answered 15 years ago | Contributor
The crime of Burglary requires specific intent to commit a crime. This is an element which must be proven. While voluntary intoxication is not normally a defense, it may be possible to show that you did not have the required intent as a result of the effect of your medications and the alcohol. In the past, I have successfully used experts in cases of this type.
Richard Insley
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.