A lot of people connect burglary and theft. Although a theft may take place during a break-in, it is not required that you take anything. The illegal entry onto someone’s property with the intention of committing a crime is referred to as burglary. Larceny could be the offense. But, it could also be any other criminal offense, such as rape, kidnapping, or assault. The New York Criminal Code has three distinct burglary charges. The most serious burglary is first-degree burglary. It differs from other forms of burglary in New York in that a home is targeted and violence or the threat of violence is used.
You may be charged with burglary in the first degree under New York Penal Code section 140.30 if you unlawfully enter or occupy a dwelling with the intention of committing a crime there. Moreover, you or a companion must:
- Be armed with explosives or a deadly weapon,
- Have caused physical injury to another person
- Have used a dangerous instrument,
- Have displayed what appears to be a gun or firearm.
Section 140.00(3) of the New York Criminal Code defines a home as a structure that is frequently used by people to spend the night. A house or an apartment qualifies as a dwelling, in other words.
First-degree burglary is a class B felony. 25 years in jail is the maximum penalty that can be given. The judge must impose a minimum sentence of 5 years because this crime is also a violent felony. The precise length of your prison term will depend on a number of variables, including your criminal history. If you have never committed a crime before, the judge may only sentence you to five years in prison. Nonetheless, the judge will sentence you to more than 5 years in jail and up to 25 years in prison if you have previously been convicted of a felony.
Defenses To Burglary In The first degree
The prosecutor must show that your presence in the home was improper in order to convict you of burglary in the first degree. The prosecutor will have a difficult time showing that you committed burglary if you were invited inside the house and did not stay there unreasonably.
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New York Penal Law § 140.30: Burglary In The first degree
A person commits burglary in the first degree if they intentionally enter or remain within a home with the intent to conduct a crime there, and if they do so while doing so, while inside the home, or while fleeing from it immediately.
- Is armed with explosives or a deadly weapon; or
- Causes physical injury to any person who is not a participant in the crime; or
- Uses or threatens the immediate use of a dangerous instrument; or
- Putting on display what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearms; however, in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun, or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injuries, could be discharged. Nothing in this subdivision shall serve as a defense to a prosecution for, or bar a finding of guilt for, a second-degree burglary, third-degree burglary, or any other offense.
Legal Rights of Burglary Defendants
Burglary is a serious crime that can result in significant legal consequences for those who are charged with it. However, like all defendants in criminal cases, burglary defendants have certain legal rights that must be respected throughout the legal process. Here are some of the most important legal rights of burglary defendants:
- Right to an Attorney: The Sixth Amendment of the United States Constitution guarantees the right to counsel for all defendants in criminal cases. This means that a burglary defendant has the right to an attorney, either one provided by the court or one hired privately.
- Right to Remain Silent: The Fifth Amendment of the United States Constitution provides the right to remain silent and not incriminate oneself. This means that a burglary defendant has the right to refuse to answer questions or provide evidence that may be used against them.
- Presumption of Innocence: The legal system operates on the principle of “innocent until proven guilty.” This means that a burglary defendant is presumed innocent until the prosecution can prove guilt beyond a reasonable doubt.
- Right to a Fair Trial: The Fourteenth Amendment of the United States Constitution guarantees the right to due process of law. This means that a burglary defendant has the right to a fair trial, which includes the right to an impartial jury and the right to present a defense.
- Right to Confront Witnesses: The Sixth Amendment also guarantees the right to confront witnesses. This means that a burglary defendant has the right to cross-examine witnesses who testify against them.
- Right to Appeal: If a burglary defendant is found guilty, they have the right to appeal the verdict to a higher court. This allows for a review of the trial and any potential errors that may have occurred.
Hiring New York Lawyer For Burglary In The First-Degree Case
If you are facing charges of burglary in the first degree in New York, it is essential to hire a qualified and experienced criminal defense lawyer to represent you. Burglary in the first degree is a serious crime in New York, and a conviction can result in significant legal consequences, including lengthy prison sentences and substantial fines. Here are some reasons why hiring a New York lawyer for burglary in a first-degree case is crucial.
- Knowledge of the Legal System: A criminal defense lawyer with experience in New York courts will have a deep understanding of the legal system and how to navigate it. They will know how to gather evidence, negotiate with the prosecution, and present a strong defense in court.
- Protection of Your Rights: A lawyer can ensure that your rights are protected throughout the legal process. They will advise you on your legal options and help you make informed decisions about your case.
- Strategic Planning: A skilled criminal defense lawyer will develop a strategic plan for your case. They will conduct a thorough investigation into the facts of the case and determine the most effective defense strategy to pursue.
- Negotiation with Prosecution: A lawyer can negotiate with the prosecution to try and reduce the charges or secure a plea deal that minimizes the potential legal consequences.
- Courtroom Experience: A criminal defense lawyer with experience in New York courts will know how to present a strong case in front of a judge and jury. They will be able to cross-examine witnesses effectively and present evidence that supports your defense.
- Minimizing Legal Consequences: Ultimately, the goal of a criminal defense lawyer is to minimize the legal consequences of a burglary in the first-degree charge. They will fight to protect your rights and work tirelessly to secure the best possible outcome for your case.
Hiring a New York lawyer for a burglary in a first-degree case is essential to ensure that your rights are protected and that you have the best possible defense. They will work with you to develop a strategic plan, negotiate with the prosecution, and present a strong case in court. If you are facing charges of burglary in the first degree in New York, do not hesitate to contact an experienced criminal defense lawyer to represent you.