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Defending Against Burglary and Home Invasion Charges in Queens
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Defending Against Burglary and Home Invasion Charges in Queens
Being charged with a crime like burglary or home invasion in Queens can be an incredibly stressful and frightening experience. These charges carry the potential for serious penalties under New York law, including years in prison. Fortunately, with an experienced Queens criminal defense attorney on your side, you can fight the charges and work to protect your future.
Understanding Burglary and Home Invasion Charges in New York
Burglary charges can stem from a range of alleged activities, from breaking into a home or business to remaining unlawfully with intent to commit a crime. Burglary degrees and penalties vary based on circumstances like:
- Whether the building was a home or business
- Whether the burglary occurred during the day or night
- Whether a weapon was used
- Whether anyone was physically injured
For example, standard burglary in the 3rd degree in New York is a class D felony with up to 7 years in prison. Burglary in the 1st degree during the night with a weapon is a class B violent felony with up to 25 years in prison.
Home invasion charges involve illegally entering a home while someone is still inside, often to commit another crime like robbery or assault. Like burglary, home invasion charges and penalties vary based on exactly what occurred:
- Did physical harm result?
- Was a weapon displayed?
- How many people were involved?
In general though, home invasion is prosecuted as a class B violent felony in New York and carries potential penalties up to 25 years in prison.
Fighting Back Against the Charges
The Queens County District Attorney’s Office takes burglary and home invasion charges very seriously, but that does not necessarily mean they can prove their case against you in court. An aggressive defense attorney will thoroughly analyze the evidence and look for every opportunity to get charges reduced or dismissed.
For example, we may uncover issues with:
- The police investigation
- How evidence was collected and handled
- Witness credibility
- Your own constitutional rights
Raising doubt about the quality of the evidence or arguing your rights were violated could result in evidence getting thrown out. And if the prosecution lacks solid evidence against you, they may have no choice but to reduce charges significantly or drop them altogether.
Building an Effective Legal Strategy
At the Law Offices of James S. Vlasto, our Queens burglary lawyers have successfully defended these charges for more than 45 years. We know how to plan an effective defense strategy tailored to the unique circumstances of your case.
This starts with a thorough independent investigation of what occurred. We do not simply take the prosecution’s claims at face value. Instead, we take steps like:
- Interviewing defense witnesses police may have ignored
- Visiting the crime scene to assess accuracy of evidence
- Consulting with expert witnesses as needed
- Assessing how you were identified and the reliability of any witnesses or informants
Armed with our own view of the evidence – or lack thereof – we build a defense aiming to cast doubt on the prosecution’s version of events. This could involve strategies like:
- Filing motions to suppress questionable evidence
- Negotiating with the DA for reduced or dismissed charges
- Securing expert testimony to counter the prosecution’s forensic evidence
- Presenting eyewitnesses or alibis the police ignored
- Taking your case to trial if we uncover significant weaknesses in the DA’s case