Suffolk County Burglary
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This crime is fairly common, and occurs when a person unlawfully enters the dwelling house (home) of another with the intention of committing a criminal act within. For instance, if a person breaks into a home and steals a television set, they have committed burglary. Whether this offense would be classified as a felony will depend on the facts of the particular case. If you have been charged with a theft crime such as Grand Larceny, petit larceny, credit card fraud or Robbery, it is important to speak with a Nassau County Burglary Lawyer from Stephen Bilkis & Associates, PLLC for legal advice. The penalties associated with these crimes are serious.
In the state of New York, burglary is defined in New York Penal Law Article 140. There are three types, or degrees of burglary which are:
3d Degree (Penal Law 140.20): If the suspect is found guilty of this offense, the punishment can range from one to three years in prison. The maximum term can be from 2.3 years to 7 years incarceration. If the defendant entered a building rather than dwelling, the judge may impose a lesser sentence.
2nd Degree (Penal Law 140.25): This offense is classified as a felony. If found guilty, the minimum sentence for this crime is 3 ½ years incarceration. The maximum prison term is 15 years. This crime is committed when the following has occurred:
The suspect knowingly enters a dwelling and remains there to commit a crime;
A burglary is committed by the defendant and someone is hurt in the process;
Or the defendant commits the crime in a building and he or an accomplice has possession of a firearm.
This crime is a class B (violent) felony offense. If the defendant is convicted, the minimum sentence is 5 years in prison, with a maximum possible sentence of 25 years in prison. This offense is thought to be on the same level severity as murder. The following elements must be present:
The defendant commits a burglary in a dwelling and:
Is armed with a firearm or other weapon;
Or someone is hurt during the commission of the crime.
Possession of Burglar’s Tools
This crime is considered a Class A misdemeanor offense. In general, a misdemeanor is punishable by up to one year in jail. If the defendant is convicted, the minimum sentence would allow the defendant to engage in an alternative program in lieu of jail time. The following legal elements must be present:
The defendant is found to be possession of tools or other instruments that can be used to commit a burglary and it appears that their intended use was to commit a crime.
Often the offense of burglary will include other crimes such as:
Grand Larceny (New York Penal Law Article 20)
Assault (New York Penal Law Article 20)
Criminal Possession of Stolen Property (New York Penal Law Article 165)
Criminal Possession of a Weapon (New York Penal Law Article 265)
If you have been charged with this or other theft crime such as Petit Larceny, grand larceny, or robbery, it is important to contact us for legal guidance and support. If you are convicted for these crimes, the consequences are serious and life changing. Contact us today for a free consultation at 1.800.NY.NY.LAW. We have locations to serve you in New York City, including offices in Queens, Manhattan, the Bronx, Brooklyn and Staten Island. We also have offices in Suffolk County and Nassau County on Long Island and Westchester County.