Facing Burglary Charges in New York?

Seeking Immediate Counsel from a State Defense Lawyer is Imperative

The earlier you receive expert counsel, the more likely your matter will end favorably. If you’re facing prosecution, contact us immediately.

Burglary Charges in New York

‍In New York, burglary is a serious offense that involves unlawfully entering or remaining in a building with the intent to commit another crime, even if the underlying offense is not carried out. State burglary charges are taken extremely seriously by prosecutors and can bring along extensive sentences if mishandled.

In New York, burglary requires an individual to enter or remain in a building with the intent to commit another, separate crime. Yet, there is no actual requirement that the underlying crime be committed. Indeed, prosecutors often deal with these exact scenarios, and are adept at bringing these charges while finding ways to prove intent as the case develops. It is critical that your defense attorney isolate this element and convince the government, judge, or jury that you lacked any intent to commit a crime. If investigated and executed correctly, your case may be dismissed.

More specifically, in New York, the crime of burglary is governed by Article 140 of the Penal Law. There are three degrees of this crime, Burglary in the First Degree (Penal Law 140.30), Burglary in the Second Degree (Penal Law Section 140.25) and Burglary in the Third Degree (Penal Law Section 140.20). 

• Burglary in the Third Degree: Perhaps the most common charge, the government must show that you knowingly entered or remained unlawfully in a building with intent to commit a crime therein. This is a Class D felony, and carries serious prison time should you be convicted.
• Burglary in the First or Second Degree: When the basic burglary elements are coupled with an assault, larceny, possession of stolen property, or the possession or use of a deadly weapon, the government may enhance your charge to a first- or second-degree crime. This elevated offense can bring your sentence to beyond a decade in prison if convicted.

Sentencing & Penalties in New York

Burglary charges in New York carries serious consequences:

• Burglary in the Third Degree - If convicted, the minimum sentence is 1 to 3 years in jail, and the maximum sentence is 2.3 to 7 years in jail. 
• Burglary in the Second Degree - If convicted, the minimum punishment is 3.5 years in jail, and the maximum sentence is 15 years. It must be shown here that a person knowingly entered a home and remained there unlawfully with the intent to commit a crime within; or a person commits a burglary in a building and someone is hurt; or a person commits a burglary in a building and he or an accomplice possesses and displays a weapon.
• Burglary in the First Degree - If convicted, the minimum sentence is 5 years in prison, and the maximum sentence is 25 years in prison. Here, the accused commits a burglary in a home and either: Is armed with a weapon or harms another person.

How We Fight Burglary Charges in New York

When facing burglary charges in NYC, the stakes are high, and your future hangs in the balance. Engaging the services of a seasoned federal criminal defense attorney is crucial to protect your rights, build a strong defense, and maximize the chances of a favorable outcome. Their expertise and dedication to your case will guide you through the complex legal landscape, increasing the likelihood of achieving the best possible resolution and safeguarding your future. 

One of the most common tactics for defending against burglary charges is to show that an individual either had an independent right to be within the dwelling or that the individual did not technically cross over into the dwelling space, as is required.

Another major element the government must usually prove is that the individual not only entered but intended to commit a crime within the home – hence, the intent aspect is an area where a strategic defense attorney can push back on and create reasonable doubt in the eyes of a jury.

Your Defense Begins Now

If you are being prosecuted for burglary, hire an experienced federal criminal defense attorney who has dealt with this charge on both sides of the courtroom. Being prosecuted for this offense is only one small piece of the puzzle. What your defense attorney does afterwards, by way of investigation and creative advocacy, will both increase your chances of successfully walking away from these accusations and shape the rest of your life.

The sooner you put your case in the hands of an experienced criminal defense lawyer, the more likely your matter will end favorably. Contact The Law Offices of Jason Goldman today.