How does a burglary charge differ from a criminal trespass charge in New York?

In New York, the act of unlawfully entering or remaining on someone else's property is considered a critical factor in a burglary charge. To be charged with burglary, there must also be intent to commit a crime on the property, setting it apart from criminal trespass charges which focus solely on unauthorized entry. The presence of intent to commit a crime elevates the severity of burglary charges compared to other criminal offenses like trespassing.

Robbery is a crime of theft that involves taking property from a person using force or threat of force. The victim is present during the commission of the crime and the use of force distinguishes it from other forms of theft. Robbery is considered a more serious and dangerous crime because of the victim's presence and the use of force or threat of force.

What are the possible defenses that can be used in a burglary case?

Burglary cases can vary and it's important to discuss with a skilled attorney who can advise on potential defenses. Some possible defenses include having permission to enter the premises, lack of intent to commit a crime, the inoperability of a weapon used, and the extent of physical injuries inflicted. It's important to note that these defenses may not apply in all cases and the specifics of each case will determine the most suitable defense.

What is burglary in the third degree?

A person is guilty of third-degree burglary if they enter or remains unlawfully in a building with the intent to commit a crime. This is a class D felony, which can result in a punishment of up to 7 years in jail or a similar sentence, depending on the defendant's prior criminal record and the judge's sentencing. Predicate felons can face a mandatory sentence of 2-4 years in prison, while defendants with no prior record may be subject to probation.

What is burglary in the second degree?

A person can be convicted of burglary in the second degree in New York if they knowingly enter or remain unlawfully in a building with the intent to commit crimes and are armed with a deadly weapon or cause physical injury to someone during the crime. The charge is considered a class C felony and a violent felony, and if convicted, the person may face a minimum of 3.5 years in jail or up to 15 years, with a minimum mandatory sentence of 7 years for predicate felons.

What is burglary in the first degree?

A person can be considered guilty of burglary in the first degree if they enter or remain in a dwelling with the intent to commit a crime and use or display a deadly weapon, cause physical injury to someone, use or threaten to use a dangerous instrument, or display a firearm. Burglary in the first degree is a class B felony and a person convicted of it can face a minimum sentence of 5 years or up to 25 years, with harsher penalties for those with prior criminal records. Predicate felons face a minimum sentence of over 5 years and up to 25 years.

What are the consequences of a burglary conviction?

If you have been charged with burglary in New York, it is recommended to seek the help of a criminal defense attorney. A conviction can have a significant impact on a person's life, including sanctions, prison time, and disqualifications that affect future job opportunities, housing options, government benefits, and financial assistance. A conviction or arrest can also be grounds for deportation or denial of residency for people on a conditional visa or aspiring to immigrate to the US and can affect a person's ability to be considered as a custodial parent for their children.

How can a New York Criminal Defense Attorney help?

A New York criminal defense attorney can provide several services for those facing criminal charges. A defense attorney can review evidence, protect a defendant's rights, build a strong defense, and represent the defendant in court. Having a criminal defense attorney can be beneficial in navigating the criminal justice system and fighting for the defendant's rights and freedom.

How can I contact Lebedin Kofman LLP?

If you need the help of a New York criminal defense lawyer, you can call us at (646) 663-4430. You can also send us an email at info@lebedinkofman.com. Another way to contact us is by filling up the contact form on our website at https://www.lebedinkofman.com/contact-us/

New York City Burglary Lawyer

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Q: What is the process for a burglary case?

First, the attorney will call you to discuss your case, defenses, and possible outcomes. Next, you will be told the fee right away, as well as, potentially available payment plans and financing options. Lastly, you will be told the fee right away, as well as, potentially available payment plans and financing options.

Burglary is one of the few crimes in New York that range up from a felony. Regardless of the degree which ranges from third- to first-degree, burglary is immediately considered a felony. A burglary conviction can have far-reaching consequences on a person’s life. A person can be sentenced to up to twenty-five years in federal prison for a first-degree burglary charge.

If you have been charged with burglary in New York, consulting a skilled New York City burglary lawyer is crucial in building a strong legal defense. Having a conviction on your record can have a significant impact on your life and permanently affect future opportunities. At Lebedin Kofman LLP, we have the necessary experience and legal knowledge to fight your charges. Our qualified New York City criminal defense attorneys are here to help.

Call us today at (646) 663-4430 to schedule a free initial consultation.

New York Criminal Defense Attorneys at Lebedin Kofman LLP Discuss the Difference Between Burglary, Robbery, and other Theft Crimes

Many people associate the crime of burglary with that of robbery. Robbery is a theft crime that involves stealing directly from a person while burglary consists of the intent to commit unlawful acts in a building without the permission of the owner of the premises.

While burglary can be treated in the same manner in other states as the crime of breaking and entering, under the New York Penal Law, there is no such offense as breaking and entering. The act of breaking into a building is not an element necessary for a person to be charged with burglary in New York.

One of the most critical elements of a burglary charge in NY is the act of unlawfully entering or remaining on someone else’s property regardless of the manner of entry. Burglary also differs from charges of criminal trespass in that, to be charged with burglary, there must be an intent to commit crimes on the property.

Burglary charges remain independent of the charges of other crimes the person commits on the property. Finishing a criminal act is not required to incur burglary charges only that a person intended to commit one on the premises. Theft is not a required offense to be charged with burglary. The criminal offense can be any other criminal charge like assault or harassment.

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Our Process

The attorney will call you to discuss your case, defenses, and possible outcomes.

You will be told the fee right away, as well as, potentially available payment plans and financing options.

You will have the option of coming into our office to discuss further or we email you a retainer agreement and we can handle everything right from your phone without the need to go anywhere.

Burglary Charges in NYC

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All degrees of burglary are felony charges in New York. If you have been accused of felony burglary, it is important to understand the charges filed against you and the potential penalties you face if convicted.

140.20 Burglary in the third degree

A person is considered guilty of burglary in the third degree when they knowingly enter or remain unlawfully in a building with the intent to commit crimes therein. Burglary in the third degree is a class D felony.

A person who is convicted of third-degree burglary can face up to 7 years in jail or a similar punishment depending on their prior criminal record and the sentencing of the judge.

Predicate felons can face a mandatory 2-4 years in prison
Defendants with no prior criminal record may be subject to probation

140.25 Burglary in the second degree

A person is considered guilty of burglary in the second degree when they knowingly enter or remain unlawfully in a building with the intent to commit crimes therein, and when:

In trying to enter or leave the building, they or another participant in the crime:
- Are armed with explosives or a deadly weapon
- Cause physical injury to any person who is not a participant in the crime
- Use or threaten to use a dangerous instrument
- Displays what appears to be a firearm capable of expelling a deadly shot
The building he/or she enters is classified as a dwelling. A dwelling in this context is a building occupied by a person at night to serve as lodging. It is important to note that, even if the defendant did not enter the part of the building used for lodging, charges of second-degree burglary still apply.

Burglary in the second degree is a class C felony and is also considered a violent felony in NY.

A person who is convicted of second-degree burglary can face the following penalties:

A minimum mandatory sentence of 3.5 years or up to 15 years depending on their prior criminal record and the determination of the judge.
Predicate felons face a minimum mandatory sentence of 7 years up to 15 years

140.30 Burglary in the first degree

A person is considered guilty of burglary in the second degree when they knowingly enter or remain unlawfully in a dwelling with the intent to commit a crime in the dwelling, and in trying to enter or leave the dwelling, the person or another participant in the crime:

Are armed with explosives or a deadly weapon
Cause physical injury to any person who is not a participant in the crime
Use or threaten to use a dangerous instrument
Displays what appears to be a firearm capable of expelling a deadly shot

Burglary in the first degree is a class B felony and is also considered a violent felony.

A person who is convicted of first-degree burglary can face the following penalties:

A minimum mandatory sentence of 5 years or up to 25 years depending on their prior criminal record and the determination of the judge.
Predicate felons face a minimum mandatory sentence of more than 5 years up to 25 years

Regardless of the degree of the charges, a burglary conviction can carry a significant prison sentence and adversely affect your future. Getting the help of an experienced NY burglary lawyer is important so as to maximize your chances of a successful defense.

At Lebedin Kofman LLP, our team of experienced lawyers has dedicated their careers to providing quality legal services and protecting the rights of individuals charged with a crime in New York. We may be able to help investigate the circumstances of your case and build a legal strategy aimed at getting you the best possible outcome.

Contact us today at (646) 663-4430 or fill out our online form to schedule a free consultation.

Possible Defenses

Each case is unique and while the following defenses may be used in a burglary case, the specific circumstances of your case may differ. It is crucial that you discuss your case with a skilled attorney who would be able to walk you through the different defenses that you may use in your case.

The lawfulness of entry/stay in the premises – Having permission to enter or remain in the premises by a person of authority is a defense to a burglary charge
Lack of intent to commit a crime – For example, if you were locked inside the premises or were in a part of the premises unlawfully but with no malicious intent to commit a crime
The deadliness of the weapon – Having a firearm or a facsimile of a firearm that cannot unload a deadly shot may be used as an affirmative defense in a second or first-degree burglary charge
The extent of physical injuries – If the person’s injuries do not meet New York criminal law’s definitions for physical injuries, it may also be used as a legal defense against a second or first-degree charge

Working with an experienced New York criminal defense attorney who is experienced in handling burglary cases can be highly beneficial in building a strong legal defense. At Lebedin Kofman LLP, we work hard to provide our clients with aggressive legal representation aimed at protecting their rights and liberty. We understand the potential ramifications of a conviction in a person’s life and will leave no stone unturned to secure the best possible outcome under the law.

Call us today at (646) 663-4430 to schedule a free consultation with one of our experienced NY burglary attorneys.

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The Consequences of a Burglary Conviction and How a NY Criminal Defense Attorney Can Help

If you have been charged with burglary in New York, it is strongly advised to seek the help of a skilled New York criminal defense attorney. A conviction on felony charges in New York can have a significant impact on a person’s life. Aside from sanctions being imposed on you and a potential prison sentence, a conviction can also bring disqualifications that affect your future job opportunities, housing options, ability to avail of government benefits, and ability to apply for financial assistance.

If you are a person on a conditional visa or are aspiring to immigrate to the US, a conviction or even just an arrest can be grounds for your deportation or the denial of your residency. If you are seeking custody of your child or children, a conviction can significantly affect your ability to be considered as their custodial parent.

Having the help of a qualified criminal defense attorney can be the difference between a conviction and the dismissal of your charges. An attorney can conduct an independent review of the surrounding evidence in your case and use any mitigating factors to potentially reduce your charges or dismiss your case entirely.

Getting The Help Of An Experienced NYC Burglary Attorney From Lebedin Kofman LLP

Our team of qualified NY burglary and criminal defense attorneys at Lebedin Kofman LLP are here to help. When your future is at stake, there is no time to lose. Our attorneys have the necessary skills and legal knowledge to help you understand the charges against you and to represent your best interests in court.

Contact us today at (646) 663-4430 to schedule a free initial consultation.

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