NYC burglary charges remain complex matters that require the services of a criminal defense attorney. The charge of burglary in New York is a felony, carrying with it the possibility of more than a year in either state or federal prison. In the long term, these charges come with extensive restrictions on your civil rights, including voting rights, and restrictions on owning and purchasing firearms.
More importantly, the information about your criminal record can be accessed by employers years after you have served your time in prison, often limiting your ability to work and find housing. As such, in any event, if you are facing burglary charges here in New York City, your best option is to retain the services of a criminal defense attorney to defend your legal rights and develop a defense strategy entirely unique to your case.
Article Summary
- Burglary, theft (larceny), robbery, and trespassing are uniquely different criminal charges in New York.
- Burglary remains a felony crime in New York, carrying with it the potential for at least a year in prison.
- Misdemeanor crimes are still serious matters, as a criminal record can challenge your ability to find work and housing years after your time in court.
- Early legal intervention remains the key to navigating these matters successfully.
Burglary Laws in New York City
SECTION 140.20 of New York’s criminal code defines burglary when an individual "knowingly enters or remains unlawfully in a building with the intent to commit a crime therein."
Burglary is further classified into three degrees, with the third degree being the least serious matter, and the first degree burglary being the most serious matter.
- Third Degree Burglary: A Class D felony carrying the possibility of anywhere from 1 to seven years in prison.
- Second Degree Burglary: Occurs when an individual knowingly enters a building unlawfully with the intent to commit a crime, paired with an aggravating factor, including being armed with a weapon, or causes physical injury to another, displays a firearm, or the building entered is a dwelling. This is a Class C violent felony that carries the possibility of more than 3 years in prison and up to 15 years in prison.
- First Degree Burglary: Occurs when an individual enters a dwelling to intentionally commit a crime, and an aggravating factor is present, such as being armed with a deadly weapon, the use or threat of use of a deadly instrument, displaying a firearm, or causing injury to a non-participant of the crime. This is a Class B violent felony carrying the possibility of five to 25 years in prison.
Each of these criminal matters includes both monetary fines and a criminal record that will follow those convicted well after they have served their time in prison. The information obtained by landlords and employers via criminal background checks is likely to challenge your ability to find employment or housing many years after a conviction.
Theft, Trespassing, Robbery, and Burglary in New York City
New York criminal law distinguishes the crimes of theft, trespassing, robbery, and burglary in different ways, with different legal consequences for each crime. These terms are often misunderstood and used interchangeably with one another, but they are important to understand, should you be facing any of these criminal charges.
Trespassing is the unlawful entry of a building or dwelling without the intent to commit a crime, while burglary is the unlawful entry of a building or dwelling with the intent to commit a crime. Theft (legally defined as larceny) is the physical taking of another's property, and does not require an individual to enter another's building or dwelling for the sake of committing a crime. Robbery is the forceful act of stealing another person's property, and includes the use or threat of use of physical force to take another's property.
These are important distinctions that can influence a criminal case, including the resulting legal consequences. For instance, trespassing can sometimes result in a minor violation and a monetary fine, while burglary is a felony carrying the possibility of several years in prison.
What to Do If You Are Investigated For Burglary in NYC
Should you be investigated for burglary in New York City, the most important thing you can do is exercise your right to remain silent.
The questions asked by law enforcement are a means of gathering evidence to support their arrest. You are not legally obligated to answer the questions from law enforcement, and you can politely decline to answer any further questions without any legal consequences. Should you be questioned, explain to them that you wish to speak with your attorney before answering any further questions. Consider speaking to an attorney after your interactions with law enforcement and determine what the appropriate next steps are.
What to Do If You Are Arrested For Burglary in NYC
Should you be arrested for burglary in New York City, your best option is to contact a criminal defense attorney as soon as reasonably possible. The moment you are afforded the opportunity to make a phone call during your arrest and booking is the moment you should contact a qualified attorney or law firm.
Early legal intervention remains incredibly important, giving your attorney the time necessary to gather time-sensitive evidence and develop a defense strategy that considers the many details of your case. More importantly, a criminal defense attorney can leverage their knowledge of the court system to represent you through every step of the process.
Navigating these matters on your own can lead to legal missteps, potentially complicating your case. Instead, call upon a criminal defense attorney who can guide you through the details, but also instruct you on how to best protect your interests as the case proceeds.
How Your Attorney Can Defend You Against Burglary Charges
Your attorney is tasked with developing a defense strategy that is entirely unique to our case. Oftentimes, they will challenge the intent behind the criminal charges against you, arguing that you entered the premises without the intent to commit a crime. In other cases, your attorney may argue that you had permission or a specific reason for entering the building or dwelling. This can result in reduced or dropped charges, depending on the circumstances of your case.
Some highly experienced criminal defense attorneys can work directly with prosecutors to attempt to get your charges reduced, often exploring what is known as a plea deal. In some cases, these plea deals can help you avoid or experience reduced time in prison.
Further, your attorney will collect important evidence, including body-camera footage of your arrest, determine whether or not your legal rights were violated, and challenge the evidence against you. These matters remain highly delicate, and early legal intervention can play an important role in obtaining favorable case results, ensuring your attorney has the time and resources available to properly defend you.
Learn More From The Offices of Julie Rendelman
Learn more about the work of Julie Rendelman and explore helpful information via our online blog. Click the links below for more:
- What Happens After a NYC Arrest
- Public Defender Vs Private Attorney
- NYC Felony Attorney
- Grand Larceny NYC
H2: Take Part in A Free Consultation Today
Take these matters seriously the moment you are investigated or arrested here in New York City by consulting directly with the Law Offices of Julie Rendelman.
Julie Rendelman maintains a storied legal career, including time as Assistant District Attorney in Kings County, Brooklyn, to Deputy Chief of the Brooklyn, NY Homicide Bureau, and as a law professor at Brooklyn Law School.
She prides herself on her aggressive and compassionate criminal defense tactics, maintaining deep knowledge of the New York City criminal justice system, while also maintaining a long track record of success in criminal cases of all kinds. She continues to represent clients facing complex criminal charges, offering full-service legal representation intended to help you move on from these matters once and for all.
Look to those with extensive experience and education to represent you through every detail of the upcoming legal process. Consider taking part in a free, no-obligation consultation that can help you understand more about your case and the role her firm can play in supporting your best interests.
You are not the first person to make such mistakes, and there are options for navigating these matters. You do not deserve a lifetime of legal consequences, and retaining a qualified attorney remains well within your legal rights.
Call us, day or night, 24 hours a day, directly at 212-951-1232. We remain available on short notice and can also collaborate with family members of those recently arrested. Call us today and begin the process now.
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