Nassau County Burglary
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A Nassau County Burglary Lawyer can explain that this offense occurs when an individual unlawfully enters the dwelling house of another with the intention of committing a criminal act. For example, when someone breaks into someone’s home to steal jewelry, the have committed the crime of burglary. Whether this crime would be considered a felony will depend on the particular circumstances of the case. If you or a loved one has been charged with burglary or other theft crime such as Robbery, credit card theft, grand larceny or Petit Larceny, it is important to speak with the legal team from Stephen Bilkis & Associates, PLLC for guidance. The penalties for these crimes are significant, so it is important to take prompt action to ensure that your rights are protected.
In New York, the crime of Burglary is defined in NY Penal Law Article 140. There are three degrees to this offense, first degree (Penal Law 140.03), second degree (Penal Law 140.25), and third degree (Penal Law 140.20). There is also an additional related offense of Possession of Burglar’s Tools (Penal Law 140.35).
- 3d Degree
Third degree burglary is a felony. If you are found guilty of this crime, the punishment will range from 1 to 3 years in prison. The maximum sentence can range anywhere from 2.3 to 7 years in prison. A judge can impose a lesser sentence in certain circumstances if the defendant entered a building (rather than a home), to commit a criminal act within.
- 2nd Degree
This crime is considered a felony. If convicted, the minimum sentence for this crime is three and a half years in prison. The maximum sentence is fifteen years incarceration. This crime is committed when:
- A person knowingly enters a dwelling and remains on the premises to commit a crime within’
- Or a burglary is committed and someone is hurt;
- Or a person commits a burglary in a building and he or an accomplice is in possession of a weapon.
- 1st Degree
This crime is considered a Class B violent felony. If convicted, the minimum sentence is 5 years incarceration, and the maximum sentence is 25 years imprisonment. This charge is considered to be on the same level as a murder in severity. The elements of this crime are:
- The suspect commits a burglary within a dwelling and:
- Is armed with a weapon;
- Or physically injures a person.
This offense is a Class A misdemeanor. A misdemeanor is punishable by one year or less in jail. If convicted, the minimum sentence in this case would allow for an alternative program that will allow the defendant to avoid incarceration. This crime consists of the following elements:
The suspect is in possession of instruments or tools that can be used to commit a burglary and the circumstances indicate that the intended use was to commit an illegal act.
Often a charge of burglary will be accompanied by other charges including:
- Assault (NY Penal Law Article 165);
- Grand Larceny (NY Penal Law Article 20);
- Criminal Possession of a Weapon (NY Penal Law Article 265);
- Criminal Possession of Stolen Property (NY Penal Law Article 165).
If you or a loved one has been charged with a theft crime such as Robbery, petit larceny, Grand Larceny, it is important to contact our legal team for support and guidance. If convicted, the penalties for these crimes can be significant and life changing. Call us today for a free consultation at 1.800.NY.NY.LAW.. We have offices to serve you throughout New York, including offices in Brooklyn, the Bronx, Manhattan, Queens and Staten Island. We also have locations in Suffolk County and Nassau County on Long Island, and Westchester County.