Mar 21, 2024

Queens Burglary Lawyer

Many people may not know this, but Common law burglary could not be committed at the day time. According to Common law, burglary was the breaking and entering of a dwelling of another person done at nighttime to commit a felony thereafter.

However, in New York, the crime can be committed at any time of day. The state has also separated burglary into three degrees according to the specific statute PENN 140.

How is Burglary Defined in Queens?

In New York, burglary is defined as entering or remaining on property without permission and with the specific intent to commit a crime. The property may be a commercial building or a person’s house or apartment.

You may have the right to be on the property, but lose that right. This is why the statute mentions “remaining on property.” You may also be accused of trespass. Criminal trespass occurs once you step on a person’s property without their consent.

The term “specific intent” refers you going onto the property or remaining there because you wanted to commit a crime. The crime may be a felony such as grand larceny. It could be a misdemeanor such as shoplifting from a store. The type of crime you were allegedly planning to commit doesn’t matter.

Aggravated Burglary in Queens

It’s important to understand why a lower charge may be ungraded. The term “upgraded” means that your charged with a more serious offense based on the facts of the case. Aggravated burglary is a term used to explain that you are accused of committing some dangerous actions while committing burglary.

The state outlines three aggravated factors that can cause a burglary charge to be upgraded:

• You were armed with either a deadly weapon or explosive during the burglary. You can even be assumed the instrument you were carrying with you was a deadly weapon.
• You injured someone during the commission of the burglary. The alleged victim can’t be someone who participated in the crime.
• You threatened to use or actually used a dangerous instrument. A dangerous instrument is considered any type of object used in a way that could serious injury someone or caused their death.

Understanding the Three Degrees of Burglary in New York

Third-degree Burglary in Queens

According to New York Penal Law § 140.20, third-degree burglary is unlawfully entering and/or remaining on property that is owned by someone else. You remain on the property with the specific intent to commit a crime inside the build.

Second-degree Burglary in Queens

Under New York Penal Law § 140.25, second-degree burglary includes the same definition as third-degree burglary. Prosecutors must also show that you had the requisite intent to burglarize, and one of two things occurred.

The building is a dwelling. This means that it was an apartment or house. If it wasn’t a dwelling, you caused injury to a victim, displayed a weapon or was armed with a deadly weapon.

First-degree Burglary in Queens

According to New York Penal Law § 140.30, first-degree burglary in Queen is the most serious charge. It involves the same definition as second degree burglary. The only difference is one of the aggravating factors must happen such as use of a deadly weapon.

The Punishment for Burglary in Queens

In New York, the punishment for burglary is outlined by the degrees. This means third-degree has the least amount of time.

For example, third-degree burglary is a Class D felony. It has the punishment of one to seven years in state prison. You may have to pay a $5,000 fine.

Second-degree burglary, a Class C felony, has the same fine as the lower burglary degree. However, it is punishable by one to 15 years in state prison.

First-degree burglary is a Class B felony. You face one to 25 years in state prison. The fine is $5,000.

We are Your Queens Burglary Lawyers

You’ve accused of burglary in Queens. That doesn’t mean you’re guilty. It means that state prosecutors must prove your guilt beyond all reasonable doubt.

Thus, we still have time to build a strong defense strategy and negotiate with prosecutors to get the charge reduced or dismissed. We are experienced in representing clients in Queens who are accused of burglary.

We understand how prosecutors operate. Let’s discuss your case and start working to resolve this criminal charge for you. Contact us.

Don’t deal with Queens Burglary Lawyer alone. Speak to the Spodek Law Group today.

Understanding Burglary Elements and Defenses

Queens Burglary Lawyer

There are a few different components to a burglary that are considered before you are charged with the crime. According to the FBI’s Uniform Crime Reporting Program, burglary is any type of unlawful entry into a home, vehicle or business.

There is an intent to commit some kind of crime once inside the property, such as taking belongings. Burglary doesn’t have to involve theft or larceny for it to be considered a crime.

Breaking and entering aren’t required for the burglary charges to be filed. You could trespass onto the property and enter the structure without any kind of physical force being involved and still be charged with burglary.

There usually isn’t anyone in the structure when a burglary is committed, which is one of the components that make the crime different from robbery.

Real-World Example of Burglary Intent

An example would be if you entered someone’s home and knew that there was jewelry in a box. You plan to take the jewelry once inside the home. When you see that there isn’t any jewelry in the box any longer, you leave.

Officers can still charge you with burglary because you entered the home with the intent to remove someone else’s possessions.

Essential Elements of Burglary

Each aspect of burglary can be different from one state to another. If you are charged with a federal crime, then the laws of the state where the crime took place will be used when you go to court.

Each element of burglary must be present in order for you to be convicted of the crime. These elements include:

• The unauthorized breaking and entering
• An intent to commit some kind of crime
• Entry into a building or another kind of structure

Types of Entry: Actual vs. Constructive

There are two ways that entering the structure can take place. One is actual, and the other is constructive.

Breaking and entering in an actual manner is when some kind of physical force is used, such as using a tool to break the lock on the door. You could also push a door open that has been left cracked or raise a window that has been left open.

Constructive entering doesn’t involve any kind of physical force. Instead, it often involves threats or fraud.

Legal Requirements for Burglary Charges

The element of entering the structure must also be present. You only need to stay in the structure for a few moments for the crime to be considered burglary. You also have to enter the structure without the permission of the property owner.

The law usually considers a structure one that can house people or animals even if the structure isn’t inhabited at the time. The property has to be closed to the public at the time the crime is committed.

Sentencing Considerations and Defense Strategies

When you go before a judge after being charged with burglary, the judge will usually have a few options for the punishment that you receive. A Queens burglary lawyer can help to try to get the charges reduced so that you don’t have to spend time in jail or so that the length of time in jail is minimal.

The judge will look at all of the factors involved in the burglary instead of just one element at a time. First-degree burglary, which involves planning to commit a crime before breaking into the building, is usually more serious than other types of burglary.

Queens Burglary Lawyer