Property Entry / Tampering Defense | Penal Law 140.35
Possession of Burglar’s Tools cases can involve allegations involving tools or instruments allegedly intended for burglary, larceny, or theft, with focus on intent, lawful use, possession, and surrounding circumstances. These charges often depend on intent, permission, property status, identification, and whether prosecutors are stretching a property dispute or misunderstanding into a criminal case.
Lebedin Kofman LLP represents clients in New York trespass, burglary, burglar-tools, criminal mischief, tampering, graffiti, theft, and related property cases across New York City, Nassau County, and Suffolk County.
646 663 4430 or contact the firm for a confidential consultation.
Issues that may matter
- lawful purpose for tools
- intent to use tools unlawfully
- actual or constructive possession
- surrounding circumstances
- search and seizure issues
- statements
- co-defendant issues
- burglary or larceny overlap
Defense approach
Defense work may include preserving video, texts, emails, receipts, access logs, property records, witness accounts, and proof of permission or lawful purpose. Where police searched a person, vehicle, bag, phone, or home, suppression issues may also matter.
The defense may focus on lack of intent, mistaken identity, permission, overcharging, weak proof of property status, unlawful police conduct, restitution issues, or alternatives to a criminal conviction.
Related pages
- Burglary Defense
- Burglary in the Third Degree
- Theft Crimes
- Criminal Mischief
- Criminal Possession of Stolen Property
- Criminal Defense
- Contact Lebedin Kofman LLP
Frequently asked questions
What should I do after a trespass, burglar-tools, tampering, or graffiti arrest?
Speak with defense counsel quickly and preserve any proof of permission, lawful purpose, location, video, messages, receipts, or witnesses. Avoid making statements about intent or ownership without legal advice.
Can these charges be reduced or dismissed?
Some cases can be challenged or resolved favorably depending on permission, intent, property status, video, identification, restitution, record, county, and whether prosecutors can prove the charged degree.
Contact Lebedin Kofman LLP
If you are charged with trespass, possession of burglar's tools, tampering, graffiti, or a related property offense, call 646 663 4430 or contact Lebedin Kofman LLP.