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(347) 974-9434
According to Article 140 of the New York Penal Law, there are three degrees of Burglary, including New York Penal Law Section 140.35, which is the possession of Burglar’s Tools.
Burglary in the First Degree (Penal Law 140.30)
Burglary in the first degree is a Class B Violent Felony. A person is considered guilty when they knowingly enter or remain unlawfully in a dwelling with the intent to commit a crime in the dwelling, and in trying to enter or leave the dwelling, the person or another participant in the crime is:
– Armed with explosives or a deadly weapon
– Caused physical injury to another person who is not a participant in the crime
– Use or threaten to use a dangerous instrument
– Displays what appears to be a firearm capable of expelling a deadly shot
Penalties
A person who is convicted of first-degree burglary can face the following penalties:
– A minimum mandatory sentence of 5 years or up to 25 years depending on their prior criminal record and the determination of the judge
– Predicate felons face a minimum mandatory sentence of more than 5 years up to 25 years
A burglary conviction carries a significant prison sentence and can adversely affect your future.
Possession of Burglar’s Tools
The possession of burglar’s tools is classified as a Class A misdemeanor in the state of New York. The minimum sentence is an alternative punishment that will allow the accused to avoid jail time. The maximum sentence is one year in jail. This crime is committed when:
An individual is in possession of any instrument or tool that is used for a burglar, and circumstances indicate an intent to use it illegally.
While this crime can be the sole charge, it is often accompanied by other offenses such as:
– Assault (Article 20 of New York Penal Law)
– Grand Larceny (Article 155 of New York Penal Law)
– Criminal Possession of a Weapon (Article 265 of New York Penal Law)
– Criminal Possession of Stolen Property (Article 165 of New York Penal Law)
Possession of Burglar’s Tools
Burglary in the second degree is a class C violent felony. Jail time has a minimum punishment of 3.5 years in jail, and the maximum sentence is 15 years.
Possession of Burglar’s Tools
A person is considered guilty of Burglary in The Second Degree when they knowingly enter or remain unlawfully in a building with the intent to commit crimes therein, and when:
– In trying to enter or leave the building, they are another participant in the crime:
– Are armed with explosives or a deadly weapon
– Caused physical injury to another person who is not a participant in the crime
– Used or threatened to use a dangerous instrument
– Displays what appears to be a firearm capable of expelling a deadly shot
– The building he or she enters is classified as a dwelling. A dwelling in this context is a building occupied by a person at night to serve as lodging. It is important to note that even if the defendant did not enter the part of the building used for lodging, charges of second-degree burglary still apply.
Penalties
Burglary in the second degree is a class C felony and is also considered a violent felony in New York.
The following are penalties you can face for Burglary in the Second Degree:
– A minimum mandatory sentence of 3.5 years or up to 15 years depending on their prior criminal record and the determination of the judge
– Predicate felons face a minimum mandatory sentence of 7 years up to 15 years in prison
Burglary in the Third Degree (Penal Law 140.20)
Burglary in The Third Degree is a Class D felony.
You are considered guilty of Burglary in The Third Degree when you knowingly enter or remain unlawfully in a building with the intent to commit crimes therein.
if you are convicted of third-degree burglary, you can face up to 7 years in jail or a similar punishment depending on your prior criminal record and the sentencing of the judge
– Predicate felons can face a mandatory 2-4 years in prison
– Defendants with no prior criminal record may be subject to probation
Possible Defenses for Burglary
Every burglary case is different, and while there may be defenses that can be used in a burglary case, the specific circumstances surrounding your case may be different. The following are possible defenses for Burglary charges in New York
– The lawfulness of entry/stay in the premises: Having permission to enter or remain in the premises by a person of authority is a defense to a burglary charge
– Lack of intent to commit a crime: For example, if you were locked inside the premises or were in a part of the premises unlawfully but with no malicious intent to commit a crime
– The deadliness of the weapon: Having a firearm or a facsimile of a firearm that cannot unload a deadly shot
– The extent of physical injuries: If the person’s injuries do not meet New York criminal law’s definitions for physical injuries, it may also be used as a legal defense
The Consequences of Burglary Charges in New York
A conviction and felony charges on your record can have a significant impact on your life in New York.
Beyond a potential prison sentence and sanctions, you can also be disqualified for job opportunities, housing options, the ability to apply for government benefits, and the ability to apply for financial assistance.
If you have a conditional visa or are trying to immigrate to the United States, an arrest or conviction can be grounds for the denial of residency and deportation.
A conviction can significantly affect your ability to be considered as a custodial parent if you are seeking custody of your children or child.
The right attorney can be the difference between the dismissal of your charges and a conviction.
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.