NY Burglary Defense Lawyers
Understanding Burglary in New York
New York defines burglary in as entering into and/or remaining on the property of another with the intent to commit a criminal act therein. The state outlines the definition and penalties in penal code 140. New York classifies three degrees. These three degrees are each classification. It’s important to remember that you or your loved one has not been convicted of burglary. State prosecutors must prove guilt beyond of a reasonable doubt.
New York First Degree Burglary
In New York, first degree burglary is the most serious burglary charge. This burglary charge involves aggravated factors. Thus, it is a Class D felony. With this burglary charge, you are accused of knowingly entering or remaining on a person’s property with the intent of committing a criminal act. In addition, you must be accused of committing at least one of the following aggravated factors:
- You displayed a firearm during the burglary. It doesn’t matter what type of firearm you allegedly had such as a pistol, machine gun or rifle.
- You had an explosive device or deadly weapon. The deadly weapon could be something like a knife.
- You threatened the victim with some kind of instrument considered dangerous during the burglary. A dangerous instrument is different from a deadly weapon. A dangerous instrument is an object that can be used to cause physical harm or death to a person.
