New York City Burglary Lawyer
At Lebedin Kofman LLP, we are dedicated to providing our clients with the highest-quality legal services possible. With years of in-depth experience under our belts, we have a lengthy track record of success in our practice areas. If you’ve been charged with a crime we may be able to assist you. Our attorneys can navigate you through each stage of the process as we help you make well-informed decisions about your future. We genuinely care about our clients, and we fight relentlessly for the results they need.
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New York Criminal Defense Attorneys at Lebedin Kofman LLP Discuss the Difference Between Burglary, Robbery, and other Theft Crimes
Many people associate the crime of burglary with that of robbery. Robbery is a theft crime that involves stealing directly from a person while burglary consists of the intent to commit unlawful acts in a building without the permission of the owner of the premises.
While burglary can be treated in the same manner in other states as the crime of breaking and entering, under the New York Penal Law, there is no such offense as breaking and entering. The act of breaking into a building is not an element necessary for a person to be charged with burglary in New York.
One of the most critical elements of a burglary charge in NY is the act of unlawfully entering or remaining on someone else’s property regardless of the manner of entry. Burglary also differs from charges of criminal trespass in that, to be charged with burglary, there must be an intent to commit crimes on the property.
Burglary charges remain independent of the charges of other crimes the person commits on the property. Finishing a criminal act is not required to incur burglary charges only that a person intended to commit one on the premises. Theft is not a required offense to be charged with burglary. The criminal offense can be any other criminal charge like assault or harassment.
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The attorney will call you to discuss your case, defenses, and possible outcomes.
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Burglary Charges in NYC
All degrees of burglary are felony charges in New York. If you have been accused of felony burglary, it is important to understand the charges filed against you and the potential penalties you face if convicted.
140.20 Burglary in the third degree
A person is considered guilty of burglary in the third degree when they knowingly enter or remain unlawfully in a building with the intent to commit crimes therein. Burglary in the third degree is a class D felony.
A person who is convicted of third-degree burglary can face up to 7 years in jail or a similar punishment depending on their prior criminal record and the sentencing of the judge.
- Predicate felons can face a mandatory 2-4 years in prison
- Defendants with no prior criminal record may be subject to probation
140.25 Burglary in the second degree
A person is considered guilty of burglary in the third degree when they knowingly enter or remain unlawfully in a building with the intent to commit crimes therein. Burglary in the third degree is a class D felony.
A person who is convicted of third-degree burglary can face up to 7 years in jail or a similar punishment depending on their prior criminal record and the sentencing of the judge.
- Predicate felons can face a mandatory 2-4 years in prison
- Defendants with no prior criminal record may be subject to probation
140.30 Burglary in the first degree
A person is considered guilty of burglary in the second degree when they knowingly enter or remain unlawfully in a dwelling with the intent to commit a crime in the dwelling, and in trying to enter or leave the dwelling, the person or another participant in the crime:
- Are armed with explosives or a deadly weapon
- Cause physical injury to any person who is not a participant in the crime
- Use or threaten to use a dangerous instrument
- Displays what appears to be a firearm capable of expelling a deadly shot
Burglary in the first degree is a class B felony and is also considered a violent felony.
A person who is convicted of first-degree burglary can face the following penalties:
- A minimum mandatory sentence of 5 years or up to 25 years depending on their prior criminal record and the determination of the judge.
- Predicate felons face a minimum mandatory sentence of more than 5 years up to 25 years
Regardless of the degree of the charges, a burglary conviction can carry a significant prison sentence and adversely affect your future. Getting the help of an experienced NY burglary lawyer is important so as to maximize your chances of a successful defense.
At Lebedin Kofman LLP, our team of experienced lawyers has dedicated their careers to providing quality legal services and protecting the rights of individuals charged with a crime in New York. We may be able to help investigate the circumstances of your case and build a legal strategy aimed at getting you the best possible outcome.
The Consequences of a Burglary Conviction and How a NY Criminal Defense Attorney Can Help
If you have been charged with burglary in New York, it is strongly advised to seek the help of a skilled New York criminal defense attorney. A conviction on felony charges in New York can have a significant impact on a person’s life. Aside from sanctions being imposed on you and a potential prison sentence, a conviction can also bring disqualifications that affect your future job opportunities, housing options, ability to avail of government benefits, and ability to apply for financial assistance.
If you are a person on a conditional visa or are aspiring to immigrate to the US, a conviction or even just an arrest can be grounds for your deportation or the denial of your residency. If you are seeking custody of your child or children, a conviction can significantly affect your ability to be considered as their custodial parent.
Having the help of a qualified criminal defense attorney can be the difference between a conviction and the dismissal of your charges. An attorney can conduct an independent review of the surrounding evidence in your case and use any mitigating factors to potentially reduce your charges or dismiss your case entirely.
Getting The Help Of An Experienced NYC Burglary Attorney From Lebedin Kofman LLP
Our team of qualified NY burglary and criminal defense attorneys at Lebedin Kofman LLP are here to help. When your future is at stake, there is no time to lose. Our attorneys have the necessary skills and legal knowledge to help you understand the charges against you and to represent your best interests in court.
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