What should someone do after being accused of burglary in the first degree?

They should avoid discussing the allegations with police, complainants, witnesses, employers, schools, or codefendants before speaking with counsel. Early defense work can protect statements, evidence, bail issues, and grand jury strategy.

Can burglary in the first degree charges be challenged in New York?

Yes. Possible defenses depend on the evidence and may involve intent, identification, value, injury, possession, unlawful entry, use of force, witness reliability, video, forensic proof, search legality, statements, or whether prosecutors can prove the charged degree.

Why does the exact degree of burglary in the first degree matter?

Different degrees can carry different felony levels, sentencing exposure, plea posture, immigration risk, employment consequences, and required proof. A defense strategy should be built around the exact statute and theory charged.

New York Criminal Defense

New York Burglary in the First Degree Lawyer

Lebedin Kofman LLP defends clients charged with burglary in the first degree in New York, including dwelling-entry cases involving alleged weapons, injury, or high-exposure felony allegations.

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Defense for burglary in the first degree Charges

Burglary in the first degree is not simply being inside a building without permission. Prosecutors must prove unlawful entry or remaining, intent to commit a crime inside, and the specific aggravating facts that elevate the charge.

The New York Courts Penal Law jury-instruction table lists Article 140 Burglary and related offenses. First-degree burglary is degree-specific and often depends on dwelling status, unlawful entry, intent, weapon allegations, or injury allegations.

What Prosecutors May Focus On

Prosecutors may rely on entry evidence, surveillance, fingerprints, DNA, witness accounts, property recovery, injury claims, weapon allegations, alarm records, and statements.

The exact statutory degree and aggravating facts alleged.
Identification, intent, force, value, injury, entry, possession, or other required elements.
Video, medical records, financial records, 911 calls, witness accounts, forensic evidence, and alleged statements.

Defense Issues to Review Early

The defense should examine permission, intent, whether the location qualifies as a dwelling, identification, timing, forensic evidence, search issues, and whether aggravating facts are supported.

Whether police obtained statements, searches, lineups, records, or devices lawfully.
Whether the evidence supports the charged degree or a lower charge.
Whether witnesses, valuation records, injury claims, entry proof, or identification evidence are reliable.
Whether employment, licensing, immigration, school, housing, reputation, or order-of-protection consequences require immediate attention.

How Lebedin Kofman Approaches These Cases

Lebedin Kofman LLP evaluates the specific statute, evidence, procedural posture, and collateral consequences from the outset. Depending on the facts, the defense may involve pre-arrest intervention, grand jury advocacy, suppression motions, forensic or financial review, expert consultation, negotiation, or trial preparation.

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Contact a New York Defense Attorney

If you are under investigation or charged with burglary in the first degree, early defense representation can affect the direction of the case.

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Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts, evidence, procedural posture, and applicable law.