Burglary in New York
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Have you been charged with burglary? Even though burglary is commonly associated with theft, under New York law, no theft needs to occur in order for it to be charged. At The Rossi Law Firm, we understand the challenges many accused face in these cases—often they are found simply trespassing, or there is some kind of misunderstanding when this felony allegation is made. Our firm is ready to meticulously assess the details of your case and ensure that every lacking aspect of the state's case against you is thoroughly challenged.
New York's Burglary Statutes
New York's burglary statutes provide broad definitions of this offense. They are broken into three categories: third-degree burglary, second-degree burglary, and first-degree burglary.
The definitions of the New York burglary statutes are as follows:
- Third-degree burglary (New York Penal Law § 140.20): a person commits third-degree burglary when they unlawfully enter or remain in a building with the intent of committing a crime.
- Second-degree burglary (New York Penal Law § 140.25): a person commits second-degree burglary when they unlawfully enter or remain in a building with the intent of committing a crime and they a) are armed with explosives or a deadly weapon, b) cause physical injury to a person not involved with the crime, c) use or threaten the use of a dangerous instrument, d) display what appears to be a firearm, or e) the building is a dwelling (a home or residence).
- First-degree burglary (New York Penal Law § 140.30): a person commits first-degree burglary when they unlawfully enter or remain in a dwelling with the intent of committing a crime and they a) are armed with explosives or a deadly weapon, b) cause physical injury to a person not involved with the crime, c) use or threaten the use of a dangerous instrument, d) display what appears to be a firearm.
The seriousness of the possible penalties in these cases depends on the degree charged and any other aggravating factors that may have been present. To learn more about what penalties you could be facing due to your burglary charge and what our firm can do to ensure that your rights are protected, call us today.
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