27 Jul 23

Brooklyn Burglary Lawyer

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Last Updated on: 26th August 2023, 09:32 pm

In Brooklyn and New York, in general, burglary is a serious offense that can carry severe penalties if a person is convicted of the crime. Burglary is defined as being committed when a person knowingly and unlawfully enters a building or remains there while intending to commit a crime on those premises.

Example of Entry to a Building in Brooklyn, New York

An example of entry to a building includes anything from crossing the threshold into that building or merely reaching one’s arm through a window. As per Section 140 of New York’s Penal Code, a person who enters or stays on a premises when not having the right to do so is there illegally. Generally speaking, it is not required that the entry be done in a forceful manner for the action to be considered illegal.

What are the Elements of Burglary in Brooklyn, New York?

The crime of burglary can consist of the following two key elements:

• Trespassing, entering or remaining on a property knowing that doing so is illegal
• Specifically entering a property with the intention of committing a crime therein

Pertaining to the second element, the prosecutor would have to prove in court that the defendant had the intention of committing a crime in the building when they entered or remained on the premises. This means that if a person is to be convicted or burglary, it would require them to actually intend to commit the crime, even if they did actually commit a crime while on the premises.

Degrees of Burglary Charges in Brooklyn, New York

Burglary is a crime that can be charged in a number of ways depending on the severity of the offense. Burglary in the third degree is charged as a class D felony, which carries a prison sentence of up to seven years. However, if the individual has no previous convictions within 10 years, they may not receive a prison term and may instead be sentenced to probation. With a single prior felony conviction within that time, the individual can receive a sentence of two to four years in prison.

Burglary in the third degree can be raised to the second degree, a class C felony, if the person has a deadly weapon or explosives on their person and causes physical harm to another person not part of the burglary. They can also be charged with first degree burglary, a class C felony depending on the situation.

Possible Defenses for Burglary Charges

The defense attorney can use one of the following defenses for a burglary charge:

• The defendant lacked the intention of trespassing
• The defendant did not intend to commit a crime after entering or staying in the building
• The weapon the defendant had in their possession was not loaded or operable

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Penalties and Sentences for Burglary in Brooklyn, New York

The penalties and sentences for burglary in Brooklyn and New York, in general, are serious. They are also enhanced if the individual was armed with a deadly weapon or explosives at the time of the crime, if another person was injured during its commission or if the defendant used or even just threatened to use a deadly weapon during the burglary.

For burglary in the third degree, a person can receive a prison sentence of up to seven years and a $5,000 fine. Second degree burglary carries a maximum prison term of 15 years and a $5,000 fine. Burglary in the first degree can result in 25 years in prison and a maximum fine of $5,000.

Burglary charges are among the most serious in Brooklyn and New York as a whole. A person who faces such charges should speak with a criminal defense attorney immediately so that they can have the best possible defense built to potentially get the charges reduced or even dropped.

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The common law definition of burglary is the breaking and entering of a dwelling belonging to another person in the daytime with the intent to commit another crime. This definition has evolved to involve the breaking and entering in a dwelling at nighttime too. In addition, a person does not have to physically break into the dwelling to be accused of burglary. In Brooklyn, a burglary crime is defined in New York’s panel code 140.

Brooklyn Burglary involves Entering or Remaining in a Building

According to New York law, burglary is intentionally entering or remaining unlawfully in a dwelling or building with the intent commit another crime. To be convicted of burglary you:

• Knowingly entered a property. This means you intentionally went into the property. You do not have to physically break into the property.
• You did not have the consent of the property owner to enter or remain on the property
• You intended to commit another crime after entering or remaining on the property

The state has three degrees of burglary. Whether you or a loved one is accused of a specific degree depends on the facts of the case.

Brooklyn Degrees of Burglary include: First, Second and Third Degrees

The two elements involved in each burglary degree is the remaining or entering a property. The second is having a specific intent to commit a crime after entering or remaining. The term “remaining” means that you initially had consent, but the property owner revoked that consent. You allegedly remaining on the property anyway.

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The burglary in the first degree is the harshest burglary degree. It involves entering or remaining in a dwelling, or where a person resides, and causing physical injury to a victim. The burglary is committed with a firearm or dangerous instrument such as a knife.

Second degree burglary involves entering or remaining in a building such as an apartment or house with the intent to commit another crime thereafter. A weapon is used during the burglary and an innocent person is innocent. If a weapon was not used, a dangerous instrument was used such as a baseball bat.
Third degree burglary occur involves unlawfully entering or remaining in a building with the intent to commit a crime. The building may be a commercial business.

Punishment for a Burglary Conviction in Brooklyn

The penalty for a burglary crime depends on the degree charge:

• First degree burglary is a Class B felony punishable by one to 25 years in prison
• Second degree burglary is a Class C felony punishable by one to 15 years in prison
• Third degree burglary is a Class D felony punishable by one to seven years in prison

Each burglary degree includes a $5,000 fine.

Enhanced Penalty in a Brooklyn Burglary Case

A burglary charge carries a higher sentence if one or more of the following occurred during the crime:

• You are accused of having a deadly weapon, instrument that appears to be a gun or an explosive
• You allegedly injured someone other than someone committing the crime with you
• You allegedly threatened or used a dangerous instrument in a way that could cause serious injury or death. For instance, you are accused of having a baseball bat during the burglary. The baseball bat could be used to serious harm or kill someone.

Contact a Brooklyn Burglary Attorney for Assistance in Your Case

The first thing to do when accused of burglary is not to panic. Many mistakes are made when you panic about what could happen. Instead, remain came and contact us. We will determine the best defense to use and how to proceed with your case. Contact us.