Burglary in New York: A Felony Crime

Overview of Burglary in New York

If you are charged with burglary in the Bronx, contact a lawyer immediately for help. There's no time to waste. In the meantime, knowledge is power and the following is what you need to know about being charged with burglary in the Bronx.

What is Burglary?

Burglary is defined in Section 140 of the state's penal code. It is the trespassing or entering in a property owned by another without consent and with the intent to commit a crime. It also involves remaining on the property after no longer having consent to commit a crime. According to Article 140 of the New York Penal Law, an individual is guilty of committing burglary when he or she knowingly enters and unlawfully remains in a building with an intent to commit a crime. An individual can be charged with burglary if he or she climbed through an unlocked window or opened an unlocked door, so one can be charged with burglary without breaking and entering.

The Three Degrees of Burglary

In New York, burglary is separated into three degrees, ranging from the lowest level to the most serious.

Third Degree Burglary: Class D Felony

Burglary in the third degree is the lowest level burglary felony because it is a Class D felony. According to New York Penal Code 140.20, burglary in the third degree occurs when an individual knowingly enters or unlawfully remains in a building with the intent to follow through with further criminal behavior. Third degree burglary involves you knowingly entering on a person's property or remaining there without consent. You are unlawfully there with the intent to commit a crime such as larceny or assault. The criminal sentence for third-degree burglary ranges from one to 25 years in state prison. The prison sentence is in addition to penalties and fines the judge may order. It is important to note because burglary is a felony, an individual who is convicted of this crime will face a prison sentence.

Second Degree Burglary: Class C Felony

According to New York Penal Code 140.25, burglary in the second degree involves knowingly entering into or remaining on property that belongs to another. While unlawfully on the property, you intend to commit a crime. The property is a dwelling. This means that it is a residence such as an apartment or house. In addition to elements defined in third-degree burglary, second degree may involve one of the following:

• You were armed with a deadly weapon or explosive.
• You caused physical injury to an individual who wasn't participating in the burglary.
• You displayed a weapon such as a revolver or shotgun.
• You threatened to use, or you actually used a dangerous instrument. The New York penal code defines a dangerous instrument as any type of object that can cause a person physical harm or death.

The penalty for burglary in the second ranges from one to 15 years in state prison.

First Degree Burglary: Class B Felony

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First-degree burglary is a Class B felony. It's also the harshest burglary degree. According to New York Penal Law 140.30, an individual is guilty of first degree burglary if he or she knowingly enters or remains in another individual's dwelling with the intent to commit further criminal behavior. First-degree burglary involves unlawfully knowingly entering into and/or remaining on property with the intent to commit a crime. While on the property or within the immediate area, you commit one or more of the following actions:

• You cause someone physical injury. This person isn't participating in the crime.
• You are armed with an explosive or deadly weapon.
• You threaten or use a dangerous instrument.
• You display a deadly weapon during the burglary such as a rifle or firearm.

The sentence for burglary in the first degree ranges from one to 25 years in state prison.

The Importance of a Skilled Bronx Defense Attorney

There are a variety of factors involving evidence that are taken into account during a burglary trial. Evidence may be based on video surveillance, witnesses, fingerprints, DNA, and more. A Bronx criminal defense attorney understands how to examine every type of evidence and identify any mistakes made by authorities. To be convicted of burglary in New York, a prosecutor must prove beyond a reasonable doubt the defendant knowingly violated Article 140 of the New York Penal Code. There are many cases that involve circumstantial evidence, and an experienced criminal defense attorney understands how to identify circumstantial evidence. Because burglary charges can lead to lengthy prison sentences, it is imperative that an individual seek guidance from a skilled legal expert immediately after being taken into custody.

Your Right to a Defense

The New York Penal code outlines the criminal sentence, penalties and fees for criminal burglary. These charges do not include any additional, separate charges that may arise from a burglary charge such as drug charges. What the statute also does include is that you have the right to defend yourself against this charge. This means you have the right to hire a defense lawyer and attack the prosecutor's case against you. At our law firm, we are devoted to getting our clients out of legal trouble. It doesn't matter if the facts support a guilty verdict or not. We're tough negotiators and even tougher trial lawyers. We're ready to fight for you and resolve your case in your favor. Don't deal with Bronx Burglary charges alone. Speak to the Spodek Law Group today.