The crime of Burglary is surprisingly common not only in the state of New York but nationwide. This crime is committed when an individual enters the dwelling house of another (unlawfully), with the intent of committing a criminal act within. For example, if a person enters a home and steals a T.V., they have committed the crime of burglary. How this crime would be legally classified would depend on the particular facts of the case. If you have been charged with this or other theft crime such as robbery, Petit Larceny or grand larceny, it is important to seek legal advice as soon as possible. Contact a Brooklyn Burglary Lawyer from Stephen Bilkis & Associates, PLLC for guidance and a free consultation.
NY Penal Law Article 140 sets out the various degrees of burglary which are:
3d Degree: If the accused is found guilty of this crime, penalties can range from 1 to 3 years in prison. The maximum term for the crime can range between 2.3 years to 7 years in prison. If the however, the defendant entered a building as opposed to a dwelling, a lesser sentence may be imposed.
2nd Degree: This crime is considered a felony offense. If the defendant is found guilty, the minimum sentence is 3.5 years in prison, and the maximum sentence can be up to 15 years. This offense is committed when:
- The crime is committed and someone is injured in the process;
- The defendant commits the crime within a building and he is in possession of a weapon.
1st Degree: This offense is classified as a violent B felony. If convicted, the minimum penalty is 5 years in prison, and the maximum prison sentence is 25 years. This crime is considered to be on the same level in terms of severity as murder. The elements of this crime are as follows:
- The crime is committed in the dwelling of another;
- The defendant is armed with a weapon;
- Someone is injured during the commission of the crime.
Possession of Burglar’s Tools
This crime is a misdemeanor A offense. A misdemeanor is a crime that is punishable by one year or less in prison. If the accused is found guilty, a minimum sentence would allow the defendant to attend alternative programs rather than go to jail. The crime consists of the following:
The accused is in possession or tools or instruments that could be used to commit a burglary, and it appears that they were in possession of the items to commit a crime.
With the charge of burglary, often other crimes are included such as:
- Assault-NY Penal Law Article 20
- Criminal Possession of Stolen Property-NY Penal Law 165)
- Criminal Possession of a Weapon-NY Penal Law 265
- Grand Larceny-NY Penal Law 20
If you or a loved one has been charged with a theft related offense such as Robbery, grand larceny or petit larceny, contact our firm for legal advice and a free consultation. If convicted, the consequences for these offenses can be serious and can include incarceration, large fines and probation. Contact us today at 1.800.NY.NY.LAW for legal guidance and a free consultation. We have locations to serve you in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have office locations in Nassau County and Suffolk County on Long Island, and Westchester County.