Can You Be Arrested for Burglary in New York?

If you're wondering whether you can be arrested for burglary in New York, the short answer is yes, absolutely. Burglary is considered a serious felony offense in New York, and law enforcement takes these charges very seriously. At Spodek Law Group, we've defended countless clients against burglary charges over the years. We know firsthand how devastating a burglary arrest and conviction can be.But don't panic just yet. While burglary charges are serious, there are often ways to fight them with the help of an experienced criminal defense attorney. In this article, we'll break down everything you need to know about burglary arrests and charges in New York. We'll cover the legal definition of burglary, potential penalties, common defenses, and how our skilled lawyers can help if you're facing charges.

What Legally Constitutes Burglary in New York?

Before we dive into arrests, it's important to understand exactly how New York law defines burglary. Many people have misconceptions about what burglary actually entails.Under New York Penal Law, burglary is defined as:"Knowingly entering or remaining unlawfully in a building with intent to commit a crime therein."Let's break that down further:

• Knowingly: You must have intentionally and deliberately entered the building, not by accident or mistake.
• Entering or remaining unlawfully: You don't have permission or legal right to be in the building.
• Building: This can be any structure, vehicle, or watercraft used for overnight lodging or carrying on business.
• Intent to commit a crime: You entered with the purpose of committing some other offense inside, typically theft.

Contrary to popular belief, burglary does NOT require:

• Actually stealing anything or committing another crime inside
• Breaking and entering (you can be charged even if the door was unlocked)
• The building to be a home or occupied (it can be any type of structure)

So in essence, simply trespassing in a building with criminal intent is enough to constitute burglary in New York. This broad definition gives prosecutors a lot of leeway in bringing burglary charges.

Degrees of Burglary Charges in New York

New York divides burglary into three degrees of severity: The degree you're charged with depends on factors like:

• Whether the building was a dwelling (home)
• If you were armed with a weapon
• If you caused injury to someone inside
• If you used or threatened force

First and second degree burglary are considered violent felonies in New York, which carry mandatory minimum prison sentences if convicted.

Can You Be Arrested for Burglary in New York?

Now to address the main question - yes, you absolutely can be arrested for burglary in New York. In fact, burglary is one of the most common felony arrests made by law enforcement in the state.Police can arrest you for burglary if they have probable cause to believe you committed the offense. This could be based on:

• Catching you in the act of entering a building unlawfully
• Witness statements identifying you as the perpetrator
• Physical evidence linking you to the scene (fingerprints, DNA, etc.)
• Possession of stolen property from a burglary
• Surveillance footage showing you entering the building
• Your own statements or confession

An arrest does NOT mean you're guilty or will be convicted. It simply means police have enough evidence to charge you with the crime. That's why it's critical to exercise your right to remain silent and contact an experienced burglary defense lawyer immediately if arrested.At Spodek Law Group, we've seen countless cases where overzealous police made burglary arrests without sufficient evidence. We know how to challenge probable cause and fight to get charges dropped or reduced.

What Happens After a Burglary Arrest in New York?

If you're arrested for burglary in New York, here's a general overview of what you can expect:

1. Booking and processing: You'll be fingerprinted, photographed, and your information entered into the system.
2. Arraignment: Within 24 hours, you'll appear before a judge to hear the formal charges and enter an initial plea.
3. Bail hearing: The judge will set bail or release conditions. Burglary charges often result in high bail amounts.
4. Grand jury indictment: For felony burglary charges, a grand jury must vote to indict you before the case can proceed.
5. Pre-trial hearings: Your lawyer can file motions to suppress evidence, dismiss charges, etc.
6. Plea bargaining: Your attorney may negotiate with prosecutors for reduced charges or a plea deal.
7. Trial: If a plea agreement isn't reached, your case will go to trial before a jury.

This process can take months or even over a year in some cases. Having an experienced burglary defense lawyer by your side is crucial every step of the way.

Potential Penalties if Convicted of Burglary in New York

If you're ultimately convicted of burglary in New York, either through a guilty plea or jury verdict, the consequences can be severe. Potential penalties include:

• Lengthy prison sentence: As outlined earlier, even third degree burglary can result in up to 7 years in prison. First degree burglary carries up to 25 years.
• Hefty fines: Fines for burglary convictions can reach up to $5,000 or double the amount you gained from the crime.
• Restitution: You may be ordered to pay back victims for any property damage or stolen items.
• Probation: Even if you avoid prison time, you'll likely face years of supervised probation.
• Permanent criminal record: A felony burglary conviction will stay on your record for life, impacting job prospects, housing, and more.
• Loss of rights: Felons lose the right to vote, own firearms, and other civil liberties.

The exact penalties depend on factors like your criminal history, the specific circumstances, and the skill of your defense attorney in negotiating or litigating your case.

How Our Experienced New York Burglary Defense Lawyers Can Help

If you or a loved one has been arrested for burglary in New York, don't try to handle it alone. The stakes are simply too high. At Spodek Law Group, our seasoned criminal defense team has decades of experience defending burglary cases throughout New York.Here are just a few ways we can help:

• Investigate the charges: We'll thoroughly examine the evidence, interview witnesses, and look for holes in the prosecution's case.
• Challenge unlawful searches/seizures: If police violated your 4th Amendment rights, we'll file motions to suppress illegally obtained evidence.
• Negotiate with prosecutors: We have strong relationships with DAs offices and can often get charges reduced or dismissed.
• Develop a strong defense strategy: Whether it's mistaken identity, lack of intent, or another defense, we'll craft the strongest possible case.
• Guide you through the process: We'll be by your side every step of the way, from arraignment through trial if necessary.
• Fight for minimal penalties: If conviction is unavoidable, we'll advocate for the lightest possible sentence.

Remember, an arrest is NOT a conviction. With a skilled lawyer in your corner, there's hope for a positive resolution to your case. Don't let one mistake ruin your future.

Common Defenses to Burglary Charges in New York

When defending against burglary charges in New York, there are several potential strategies we may employ depending on the specific circumstances of your case:

Lack of Intent

Remember, burglary requires intent to commit a crime inside the building. If we can show you entered without criminal intent, the charges may be reduced or dismissed. For example:

• You were intoxicated and mistakenly entered the wrong house
• You were seeking shelter from harsh weather
• You were retrieving property you believed was rightfully yours

Consent/Permission

If you had the owner's permission to enter the building, it's not burglary. We may be able to prove you had explicit or implied consent to be there.

Mistaken Identity

Eyewitness identifications are notoriously unreliable. We'll scrutinize any identification procedures used and look for inconsistencies in witness statements.

Illegal Search and Seizure

If police violated your 4th Amendment rights in gathering evidence against you, we can file a motion to suppress that evidence from being used in court.

Insufficient Evidence

The prosecution must prove every element of burglary beyond a reasonable doubt. We'll look for weaknesses in their case and argue they haven't met that high burden of proof.

Duress or Necessity

In rare cases, we may be able to show you were forced to commit burglary under threat of harm or out of absolute necessity.These are just a few potential defenses. An experienced burglary lawyer will analyze every aspect of your case to determine the strongest strategy.

FAQs About Burglary Arrests in New York

Here are answers to some common questions we receive about burglary arrests in New York:Q: Can I be charged with burglary if I didn't actually steal anything?A: Yes. Burglary only requires entering with intent to commit a crime. You can be charged even if you didn't follow through.Q: What's the difference between burglary and robbery?A: Robbery involves using force or threat of force to steal from a person. Burglary is unlawfully entering a building to commit a crime.Q: Can I be charged with burglary for entering an open or unlocked building?A: Yes. Burglary doesn't require "breaking and entering." Simply entering without permission is enough.Q: Will I automatically go to prison if convicted of burglary?A: Not necessarily. For first-time offenders charged with 3rd degree burglary, we may be able to negotiate probation or alternative sentencing.Q: Should I talk to police if arrested for burglary?A: No. Exercise your right to remain silent and contact an attorney immediately. Anything you say can be used against you.Q: How long do I have to wait before getting a burglary conviction expunged in NY?A: Unfortunately, felony burglary convictions can't be expunged in New York. That's why it's critical to fight the charges from the start.

Contact Our New York Burglary Defense Lawyers Today

If you or a loved one has been arrested for burglary in New York, time is of the essence. The sooner you get an experienced defense lawyer on your side, the better your chances of a positive outcome.At Spodek Law Group, we have a proven track record of successfully defending burglary cases throughout New York. We understand how stressful and scary this situation is. That's why we offer compassionate, aggressive representation to protect your rights and fight for your future.Don't let one mistake derail your entire life. Contact us today at 212-300-5196 for a free, confidential consultation about your case. Let us put our knowledge and experience to work for you.Remember, an arrest is NOT a conviction. With the right legal team in your corner, there's hope. Call Spodek Law Group now to start building your defense.