New York Penal Law § 140.30: Burglary in the First Degree

New York Penal Law § 140.30: Burglary in the First Degree

At Spodek Law Group, we understand the seriousness of being charged with burglary in the first degree under New York Penal Law § 140.30. As one of the premier criminal defense law firms in the country, we have the experience and expertise to aggressively defend your rights if you are facing this grave accusation.

What Constitutes Burglary in the First Degree?

Under New York law, a person is guilty of burglary in the first degree when they knowingly enter or remain unlawfully in a dwelling with the intent to commit a crime inside, and when in the course of committing the offense, they or another participant in the crime:

1. Is armed with explosives or a deadly weapon; or
2. Causes physical injury to a person who is not involved in the crime; or
3. Uses or threatens the immediate use of a dangerous instrument; or
4. Displays what appears to be a gun or firearm.

Let’s break this down. To be convicted of first-degree burglary, the prosecution must prove beyond a reasonable doubt that you:

• Entered or stayed in a building unlawfully (without permission or authority)
• The building was a dwelling (a place where people typically lodge overnight)
• You intended to commit a crime inside
• You or an accomplice possessed a weapon, injured someone, threatened to use a dangerous instrument, or appeared to have a gun

Burglary in the first degree is the most serious burglary offense in New York, classified as a Class B violent felony. A conviction can result in a lengthy state prison sentence of up to 25 years. That’s why it’s absolutely critical to have a skilled criminal defense attorney in your corner if you’ve been charged with this crime.

Defending Against First-Degree Burglary Charges

While the consequences of a first-degree burglary conviction are severe, you are not without options. Our battle-tested attorneys at Spodek Law Group will meticulously examine every aspect of your case to identify weaknesses in the prosecution’s arguments and build the strongest possible defense.Some potential defenses against first-degree burglary charges include:

• Lack of intent: The prosecution must prove you intended to commit a crime inside the dwelling. If you had no such intent, that is a valid defense.
• Consent: If the owner or occupant of the dwelling gave you permission to enter, you were not there “unlawfully.”
• Mistaken identity: The prosecution has the wrong person. You have been falsely accused or mistakenly identified by a witness.
• Illegal search: If the police violated your constitutional rights in obtaining evidence against you, that evidence may be suppressed.
• Affirmative defenses: Specific to the aggravating factors, you may have an affirmative defense if the gun displayed was unloaded or incapable of causing death or serious injury.

Every case is unique. When you hire Spodek Law Group, we will leave no stones unturned in investigating the specific facts and circumstances surrounding your burglary arrest. Our goal is always to achieve the best possible outcome, whether that means getting the charges dismissed, winning an acquittal at trial, or negotiating a favorable plea bargain to reduce the charges and minimize the consequences.

Why Choose Spodek Law Group?

Facing criminal charges is a frightening and stressful experience, especially when the allegations are as serious as first-degree burglary. You need and deserve an attorney you can trust to fight for your freedom and your future. So why choose us? Here are a few reasons why clients put their trust in Spodek Law Group:

• Unmatched experience: Our attorneys have decades of combined experience handling complex criminal cases at the state and federal level. We’ve successfully defended clients against every type of burglary charge. There’s no scenario we haven’t seen before.
• Client-focused service: We treat every client with the utmost respect, compassion and professionalism. We take the time to listen to your story, answer all your questions, and keep you informed at every stage of the legal process. Your best interests always come first.
• Aggressive advocacy: We are tireless advocates for the accused. Our attorneys include former prosecutors who understand how the other side thinks. We will work around the clock to poke holes in the prosecution’s case and fight for the justice you deserve.
• Proven results: Our track record speaks for itself. We have achieved countless dismissals, acquittals, and favorable resolutions for clients charged with burglary and other serious felonies. While no attorney can guarantee a specific outcome, we can promise to do everything in our power to win your case.

If you or a loved one has been arrested for burglary in the first degree in New York, don’t wait to get help. Contact Spodek Law Group today to schedule a free and confidential consultation. We are available 24/7 to take your call and begin building your defense. Remember, you have rights, and we are here to protect them.

Frequently Asked Questions

Q: What’s the difference between burglary, robbery, and theft?A: While these terms are often used interchangeably, they actually refer to distinct crimes. Burglary involves unlawfully entering a building with intent to commit a crime inside (not necessarily theft). Robbery is forcibly stealing property directly from a person. Theft is stealing property, but without the use of force or illegal entry that characterize robbery and burglary.

Q: Can I be charged with burglary if I entered through an open door or window?A: Yes. Burglary does not require “breaking and entering.” If you knowingly enter or remain in a dwelling without permission, even through an unlocked door or window, you can still face burglary charges if you had intent to commit a crime inside.

Q: What if I was intoxicated and didn’t know what I was doing?A: Voluntary intoxication is not a defense to burglary in New York. However, if you were so intoxicated that you could not form the required intent to commit a crime, lack of intent may be a viable defense. This is a complex issue that requires thorough analysis by an experienced attorney.

Q: What if the police coerced me into confessing?A: If your constitutional rights were violated during police interrogation, any statements you made may be inadmissible as evidence against you. This includes if the police failed to read your Miranda rights, denied your right to an attorney, or used coercive tactics to elicit a confession. If you believe your rights were violated, inform your attorney immediately.

Q: Can I get probation for first-degree burglary?A: Unfortunately, first-degree burglary carries a mandatory minimum prison sentence of 5 years in New York. The judge does not have discretion to sentence you to probation, even if you have no prior criminal record. However, an effective defense attorney may be able to get the charge reduced to a lesser offense that does allow for a probationary sentence.

Choose Spodek Law Group for Your Burglary Defense

At Spodek Law Group, we are committed to providing the highest quality criminal defense representation to each and every client. We understand what’s at stake when you’ve been charged with a serious felony like burglary in the first degree. Your freedom, your family, your livelihood, and your reputation are all on the line.That’s why we fight so aggressively and passionately on behalf of the accused. We believe in the fundamental principle that everyone is innocent until proven guilty, and we will work tirelessly to hold the prosecution to its burden of proof. With our team of experienced trial lawyers and former prosecutors on your side, you can feel confident that you have the best possible chance of beating the charges and clearing your name.