Local Parsippany Pizzeria Burglurized

According to the Parsippany Police Department Blotter, local restaurant, Baldwin Pizzeria, was burglarized sometime between 10:30pm on January 18, 2013 and 9:30am January 19, 2013. According to a pizzeria employee, the front door was unlocked, money was missing from the register, and a portion of the ceiling was damaged.

Investigators believe that the burglar(s) entered the pizzeria through the drop ceiling, stole the cash in the register, and exited through the front door. To date, no suspects have been identified.

Based on the preliminary information known, it appears that the unidentified defendant(s) will likely be charged with at least theft as well as burglary.

The following Statutes are likely relevant:

2C:18-2. Burglary.

a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein or thereon 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;

(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; or

(3) Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.

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.

and

2C:20-2.a. Consolidation of Theft and Computer Criminal Activity Offenses.

Conduct denominated theft or computer criminal activity in this chapter constitutes a single offense, but each episode or transaction may be the subject of a separate prosecution and conviction. A charge of theft or computer criminal activity may be supported by evidence that it was committed in any manner that would be theft or computer criminal activity under this chapter, notwithstanding the specification of a different manner in the indictment or accusation, subject only to the power of the court to ensure fair trial by granting a bill of particulars, discovery, a continuance, or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

The degree of the crime depends upon the amount of money taken and/or other factors unknown at this time.

As always, if you would like to discuss this matter further, contact me anytime at Matthew@jtlaw.org.

Matt

Matthew C. Simon, Esq.
The Law Office of John Tierney
1259 Route 46 East
Building 3, Suite 133
Parsippany NJ 07054
Tel: 973-588-3050
Fax: 973-588-3048