NYC Burglary Lawyer

NYC Burglary Attorney

NYC is the largest city in the United States and can be considered an epicenter for crime. Burglary is considered a serious property crime in New York City. People convicted of burglary crimes may face prison time, have to pay fines, and may also have to pay restitution. If you are charged or convicted of a burglary crime in New York City, you should contact a NYC burglary lawyer to help you with your case.

Whether you committed the crime or you were wrongfully accused, your lawyer can be your first line of defense, navigating you through the legal process and ensuring the law is fairly and appropriately applied to your case.

What Is Burglary?

Burglary is legally defined as the unlawful entry into a property or structure with the intent to commit a felony or theft. The structure could be a house, an apartment, a trailer, a barn, a houseboat, or an office. The main factor for burglary is the intent to commit a crime; completion of the act or the manner in which a person does it can vary.

Burglary is typically classified in three ways: forcible entry, unlawful entry (meaning no force), or attempted forcible entry. Examples of forcible entry can be kicking the door into someone’s home with the intention of stealing something. Unlawful entry can be walking into a gas station and stealing candy. An example of attempted forcible entry is when a person tries to kick in the door of a building, but they are unsuccessful.

Other examples of burglary include:

• Walking into an unlocked home and stealing or intending to steal a person’s personal item.
• Breaking the window of a convenience store and stealing from the cash register.
• Kicking in the door of a school, withdrawing a firearm, and attempting to steal school supplies from the utility closet.

Types of Burglary Crimes in NYC

Burglary in the first degree: A class B felony where someone enters or remains in a dwelling, or a home unlawfully and knowingly, and is also armed with a deadly weapon or explosive, causes physical injury to someone unassociated with the crime, uses or threatens to use a dangerous instrument, or displays a firearm.

Burglary in the second degree: A class C felony where someone knowingly enters or unlawfully remains in a building and is also armed with a deadly weapon or explosive, causes physical injury to someone unassociated with the crime, uses or threatens to use a dangerous instrument, or displays a firearm.

Burglary in the third degree: A class D felony that includes a person knowingly entering or unlawfully remaining in a building with the intention of committing criminal activity.

The biggest difference between first- and second-degree burglary is that first-degree burglary involves entering a person’s home, while second-degree burglary involves entering buildings or other structures that may not be personal dwellings.

What Are the Penalties for a Burglary Charge?

All burglary crimes are felonies in New York; however, the exact penalty or sentencing depends on the felony class. While your lawyer can inform you of the charges you may be facing, the table below provides a brief description of felony sentencing related to burglary:

• Class B felony – up to 25 years in prison
• Class C felony – up to 15 years in prison
• Class D felony – up to 7 years in prison

What Are Other Consequences of a Burglary Charge?

In addition to a prison sentence, a burglary charge will likely result in a criminal record. Having a criminal record may impede your ability to secure a job, housing, or immigration status. You can also face fines for your charge.

When Should I Contact a Lawyer?

You can consult with a lawyer in any phase of your burglary charge, but you may want to contact one as soon as you get arrested. It is wise to talk to your lawyer first about your charge instead of law enforcement or a prosecutor. Your NYC criminal defense lawyer can inform you of your rights and walk you through the legal process.

Depending on your case, your lawyer may also be able to negotiate your sentencing or reduce your fines. Lawyers can be invaluable in criminal cases that go to court because they can build a defense that stands up to the prosecution’s claims.

FAQs

Contact Koch Law

We take your burglary charge seriously at Koch Law. We understand burglary charges can be met with harsh consequences, so we are here to protect your rights and defend your case. If you need help with the legal process for a burglary charge, contact us today for a consultation.