Possession Of Burglar Tools: NY Penal Law § 140.35

by ECL Writer
Possession Of Burglar Tools

Burglary is a crime that involves forcibly entering a building or forcibly staying there with the intention of committing a crime. It is a crime. The possession of tools frequently used in burglaries is illegal as well. These things are known as “burglar’s tools.” Almost anything can be used as a burglar’s tool.

A burglar’s tools are defined by New York Penal Law section 140.35 as “any tool, instrument or other article adapted, designed or commonly used for” committing a trespass, theft, or other offense. The Possession of burglar tools act, however, does not allow for simple possession of such a thing to warrant prosecution. To conduct such a crime, you must also have the intention to use the prohibited item. It is a misdemeanor of class A.

Eg: In the parking lot behind a business, Sullivan is standing at night. He has bolt cutters with him. In the dead of night, Sedrick is standing in front of his house with a bag containing bolt cutters. Because Sullivan is carrying a tool that is frequently used in burglaries and because the circumstances indicate that he intended to commit a burglary, he may be charged with possessing burglar’s tools. However, despite possessing a tool that is frequently used in burglaries, Sedrick could not be charged with having burglar’s tools because the evidence does not support the assertion that he intended to commit a burglary or any other crime.

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Possession Of Burglar Tools Sentence

A class A misdemeanor is committing a burglar’s tool possession. The maximum prison term you may get if found guilty is one year. You can also receive a three-year probationary period as a punishment.

Defenses

If you hold a “burglar’s tool” for a legitimate purpose, you have a strong defense against the charge of possessing burglar tools. For instance, if you are a locksmith who travels with lock-picking tools, you have a legitimate cause to possess them as long as you only use them to pick locks as requested by the property owner.

New York Penal Law § 140.35: Possession Of Burglar Tools

Possession of any tool, instrument, or other item that is adapted, designed, or commonly used for committing or facilitating offenses involving forcible entry into premises, larceny by physical taking, or offenses involving theft of services as defined in subdivisions four, five, or six of section 165.15, under circumstances indicating an intent to use the item or knowledge that someone else intends to use the item, constitutes possession of burglar’s tools.

Related Offenses

  1. Criminal trespass in the second degree: New York Penal Law section 140.15
  2. Burglary in the third degree: New York Penal Law section 140.20
  3. Burglary in the second degree: New York Penal Law section 140.25
  4. Burglary in the first degree: New York Penal Law section 140.30

Hiring A New York Lawyer For Possession Of Burglar Tools Case

When facing possession of burglar tools case in New York, hiring a skilled lawyer is paramount. The legal landscape in the state can be complex, and having an experienced attorney can make all the difference. New York’s strict laws mean that even the mere possession of burglary tools can lead to serious consequences, including imprisonment.

A qualified New York lawyer will navigate the intricacies of the legal system, build a strong defense strategy, and work tirelessly to protect your rights. They will assess the evidence, challenge any weaknesses, and aim for the best possible outcome, whether it’s a reduction in charges or a dismissal. Don’t leave your future to chance; enlist the expertise of a New York lawyer to safeguard your interests and provide the best defense in your possession of burglar tools case.

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