New York City Burglary Defense Attorney

Need a Lawyer for a Burglary Case in New York City?

Whereas burglary once meant breaking into a home at night with the intent to commit theft, it has evolved to cover much more. Today it can include unlawful entry into almost any type of structure (not just a home or building) with the intent to commit any type of crime. No actual physical breaking of a lock or door need occur. You could literally trespass through an open door and be charged with burglary.

New York classifies three degrees of burglary:

  • Third Degree Burglary - Punishable by up to 7 years in prison
  • Second Degree Burglary - Punishable up to 15 years in prison
  • First Degree Burglary - Punishable by up to 25 years in prison

Explanation of Burglary Charges

Per New York Penal Law §140.30, it is considered burglary in the first degree should someone knowingly and willfully enter into the dwelling of another with the intentions to commit a felonious act. This could be theft or even assault.

  • To be charged in the first degree, the defendant must be proven to have been armed with a deadly weapon, have caused some form of physical injury to another, used / threatened to use the deadly weapon or must have displayed the firearm. This is considered to be a class B felony.
  • On the other hand, burglary in the second degree (§140.25) is a class C felony
  • Burglary in the third degree (as described under §140.20) is a class D felony.

It, however, is important to note that there are many defenses that can be levied on your behalf to protect your legal rights. For example, if it can be proven that you were granted access to the dwelling and thus had lawful entry, it could not be convicted of burglary. Similarly, if it was proven that you had no intentions of carrying out a felony, it could punch a serious hole in the case of the prosecutor.

Other defenses include that you did not technically enter into a dwelling (although some places may consider a garden or yard as part of the dwelling), that you were intoxicated past the point of reason or that it is a case of mistaken identity and that you did not commit the crime at all.

Have You Been Arrested for Breaking and Entering?

Searching for an attorney for burglary in New York City? At our firm, we know what is at stake when you are facing possibility of conviction. Criminal charges of burglary can result in not only immediate penalties (such as incarceration and monetary fines), but the long-term consequences of having a blemish on your criminal record.

As your NYC criminal defense lawyer, we will listen to what you have to say. We will thoroughly investigate every piece of evidence and charge against you and search out any weaknesses or discrepancies. You need someone on your side, defending you energetically.

If you or someone close to you has been charged with burglary, you would be wise to contact our firm for immediate help.


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