Burglary In New York is the illegal entry onto another person’s property with the purpose of performing an illegal act. It is a crime. The New York Criminal Law defines three burglary offenses. The most serious charge is third-degree burglary. According to New York Penal Code Section 140.20, the prosecution must show at least two elements in order to succeed in convicting a defendant of third-degree burglary.
The prosecution must first establish that you entered the property illegally. The prosecution must also demonstrate premeditation. Or to put it another way, the prosecution must demonstrate that you came onto the property with the purpose to conduct a crime. Trespassing, not burglary, is the act of just entering a place of business without authorization.
The maximum sentence for burglary in the third degree, which is a class D felony, is seven years in jail. Your prior criminal history has a significant impact on whether you receive a jail sentence and how long you have to serve. If you haven’t been convicted of a felony in the last ten years, the court can decide not to sentence you to any time behind bars. Just probation could be part of your sentencing. The judge will sentence you to a minimum of 2-4 years in prison if you have at least one prior felony conviction within the last 10 years.
Related Topic – NEW YORK GRAND LARCENY IN THE FIRST DEGREE
Related Topic – NEW YORK GRAND LARCENY IN THE SECOND DEGREE
Related Topic – NEW YORK GRAND LARCENY IN THE THIRD DEGREE
Related Topic – NEW YORK GRAND LARCENY IN THE FOURTH DEGREE
Defenses To Burglary in the third degree
If you can demonstrate that, despite being on the property illegally, you were not there to commit a crime, you have a defense to the allegation of burglary. For instance, if you were shopping at a department store and accidentally got locked in, even though you were no longer permitted to be there, you were not there to steal or carry out any other illegal activity.
New York Penal Law § 140.20: Burglary in the third degree
A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with the intent to commit a crime therein.
Hiring A New York Lawyer For Burglary In Third Degree Case
If you are facing charges of burglary in the third degree in New York, it is crucial to hire a qualified and experienced lawyer to defend your case. Burglary in the third degree is a serious crime in New York, and the consequences of a conviction can be severe.
Burglary in the third degree is defined as unlawfully entering or remaining in a building with the intent to commit a crime. This crime is a class D felony in New York, and it carries a maximum penalty of seven years in prison. If you have been charged with burglary in the third degree, you need a lawyer who understands the complexities of New York’s criminal justice system.
When hiring a New York lawyer for burglary in a third-degree case, there are several factors to consider. First, look for a lawyer who has experience handling similar cases. You want a lawyer who is familiar with the laws and procedures specific to burglary in third-degree cases.
Secondly, look for a lawyer who has a track record of success in defending clients against charges of burglary in the third degree. You can ask for references or read reviews from previous clients to get an idea of a lawyer’s success rate.
It is also important to choose a lawyer who communicates well and keeps you informed throughout the legal process. You want a lawyer who is accessible and who will answer your questions and concerns promptly.
Another crucial factor to consider when hiring a New York lawyer for burglary in a third-degree case is their fees. Be sure to ask about their fee structure upfront and whether they offer payment plans. Some lawyers may charge a flat fee for their services, while others may charge an hourly rate.
Finally, choose a lawyer who you feel comfortable working with. Your lawyer will be your advocate throughout the legal process, and you want someone who you trust and who will work hard to defend your rights.