A Discussion of Criminal Law from a Burglary Lawyer

Any New York Burglary Lawyer will tell you there are only 6 types of burglary crimes in New York State: Burglary in the first degree or Burglary 1 and Burglary in the second degree or Burglary 2. Burglary in the third degree or Burglary 3. Burglary in the fourth degree or Burglary 4, the attempted Burglary crimes and possession of Burglary tools. The Burglary Crimes that are felonies include Burglary 1-4. The remaining Burglary crimes are misdemeanors. The felonies are rated with Burglary four being the lowest. It is a E felony. Burglary 3 is a D Felony. Burglary 2 is a C Felony and Burglary 1 a B felony which can carry a criminal prison sentence of up to 25 years.

Burglary, generally, is when a person unlawfully goes into a dwelling and the purpose of the entry is to engage in a criminal act above and beyond the illegal entry. For example breaking into a house to steal jewelry would qualify as burglary. The level of the felony burglary would be decided based on certain factors we will explain below. However, the two necessary elements of the crime have been satisfied; going into the house without permission of the owner and the theft of jewelry.

There are many different variables that differentiate the 4 felony burglaries discussed above. These variables include; was there injury to a non participant, what kind of crime was the perpetrator intending to commit, was there use of weapon in the commission of the crime and what kind of weapon was used.

Obviously there is a lot of fertile ground for a good New York Burglary Lawyer to fight a District Attorney as to whether the weapon was recovered as well as whether or not the non-participant was truly injured. Over the years our experienced New York Criminal Lawyers have had many battles with the District Attorneys throughout New York City and Long Island about issues such as these and many others.

The final New York Burglary Criminal charges are attempted Burglary and Possession of Burglar's tools. Both of these crimes are misdemeanors and are punishable by up to one year in jail.

For a more expansive explanation, call our New York Burglary Lawyer at the office of Stephen Bilkis and Associates. We offer a free consultation at 1 800 NY NY LAW and have an experienced New York Burglary Lawyer give you information with regard to your criminal charge. Moreover, we have convenient locations throughout New York City including Brooklyn, The Bronx, Queens and Manhattan. We also have locations on Long Island, including Nassau County and Suffolk County. So call us at 1800 NY NY LAW