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New York Burglary Lawyer

March 21, 2024 Uncategorized

New York Burglary Lawyer – Your Guide to Burglary Defense in NY

Being charged with burglary in New York can be an incredibly stressful and frightening experience. Burglary is considered a serious crime, and if convicted, you may face years in prison as well as substantial fines. That’s why it’s critical to have an experienced New York burglary lawyer on your side to defend your rights.

In this comprehensive guide, we’ll walk you through everything you need to know about burglary charges in NY, from the different degrees of burglary to potential defenses that a knowledgeable lawyer can use to fight the charges against you. We’ll also provide tips on how to choose the right New York burglary attorney to handle your specific case.

What is Burglary in New York?

Under New York law, burglary occurs when an individual knowingly enters or remains unlawfully in a building with the intent to commit a crime inside[1]. There are varying degrees of burglary charges in NY:

  • Burglary in the third degree (Class D felony)
  • Burglary in the second degree (Class C felony)
  • Burglary in the first degree (Class B felony)

The degree of burglary depends on factors like:

  • Type of structure entered (home, business, etc.)
  • Time of day
  • Use of a dangerous instrument
  • Physical injury caused

For example, entering a dwelling at night is considered burglary in the second degree. Entering a dwelling at any time while armed with a deadly weapon bumps it up to burglary in the first degree[2].

Burglary Penalties in NY

Like most states, New York imposes harsher punishments as the degree of burglary increases. Here’s an overview of the sentencing ranges for each degree[3]:

  • Third degree – Up to 7 years in prison
  • Second degree – Up to 15 years in prison
  • First degree – Up to 25 years in prison

In addition to incarceration, you may face probation, fines, and restitution payments to compensate the victim. Your sentence will depend on your criminal history and other case specifics.

Common Burglary Defenses in New York

Skilled New York burglary lawyers have a variety of defenses they can use to fight the charges and get an acquittal or reduction in penalties. Some common defenses include[4]:

  • You had permission – If the owner gave you permission to enter, it may not qualify as unlawful entry.
  • Mistaken identity – Police arrested the wrong person for the crime.
  • Intoxication – You were too impaired to form intent to commit a crime.
  • Duress – You were forced to enter the premises under threat.

An attorney can also challenge the validity of evidence, witness testimony or police procedures. The right lawyer understands how to craft the strongest defense to beat a burglary charge.

Finding the Best Burglary Lawyer in New York

Not all attorneys have the same track record with burglary cases. Here are some tips for finding the right New York burglary lawyer for your situation:

  • Look for an attorney with extensive experience defending burglary charges in NY courts.
  • Find someone who is familiar with the prosecutor, judge and police involved.
  • Choose a lawyer you feel comfortable with and who listens to your side.
  • Discuss legal fees upfront and understand your payment options.
  • Hire someone who is confident they can build a strong defense in your case.

Don’t leave your future in the hands of just any lawyer. Interview several criminal defense attorneys with proven burglary experience and select the one you trust to fight for your best interests.

What to Do If You’re Facing Burglary Charges

Being arrested for burglary can make you feel helpless, but strategic legal moves early on can pay off down the road. Here are some tips if you find yourself facing burglary accusations in New York:

  • Remain silent – Anything you say to police can be used against you.
  • Hire a lawyer ASAP – An immediate attorney gives you the best defense.
  • Follow your lawyer’s advice – They know best legal strategies.
  • Avoid social media – Posts can potentially harm your case.
  • Ask about diversion programs – These may dismiss charges upon completion.
  • Don’t violate bail terms – This can revoke bail and land you in jail.

The most critical step is retaining an experienced NY burglary attorney right away. The sooner they can start building your defense, the better.

Why an Aggressive Burglary Lawyer Improves Your Odds

Going up against a burglary charge in New York without a lawyer is extremely unwise. An aggressive and seasoned burglary attorney levels the playing field by[5]:

  • Conducting an independent investigation of what occurred.
  • Identifying improper police conduct like unlawful searches.
  • Negotiating with the prosecutor for reduced charges or dismissal.
  • Filing motions to suppress damaging evidence.
  • Presenting expert testimony on your behalf.
  • Crafting a trial strategy focused on reasonable doubt.
  • Advocating for the lightest possible sentence if convicted.

Without taking advantage of these legal defenses, you have little chance of beating a burglary allegation in NY. Don’t let the prosecutor take advantage of you.

Burglary Cases We’ve Defended in New York

Over the years, our New York burglary lawyers have seen just about every type of burglary charge and successfully defended clients facing accusations such as:

  • Nighttime residential burglary – Our client was accused of entering a home at night to steal property. We proved the police mishandled evidence, resulting in charges being dismissed.
  • Attempted pharmacy burglary – Security cameras showed our client outside a closed pharmacy late at night trying to gain entry. We demonstrated he was confused and thought it was open.
  • Burglary of a school – A teacher was charged with using a key to steal items from classrooms. We proved the school failed to follow proper key control protocols.

These are just a few examples of the burglary cases we’ve successfully defended in New York courts. Every case is different, which is why customized defense strategies are key.

Why Choose Our New York Burglary Lawyers?

If you or a loved one is facing burglary charges, we have the experience, skills and track record to be your fierce legal advocates. Some key reasons to choose our team include:

  • Over 20 years successfully defending burglary cases in NY.
  • We’ve secured full dismissals for many clients.
  • Our thorough investigation skills expose flaws in the prosecution’s case.
  • We’ll aggressively negotiate with the DA for reduced penalties.
  • We have an excellent reputation with NY judges and prosecutors.
  • Our sole focus is defending people accused of crimes like burglary.
  • We genuinely care about our clients and their families.

Don’t leave your future to chance – contact our New York burglary lawyers for dedicated and aggressive representation.

Reach Out Now for a Free Consultation

If you’ve been arrested for burglary in New York, please get in touch immediately to set up a free case evaluation. Call [phone] or contact us online to schedule an appointment. The sooner we can start examining the evidence and planning your defense strategy, the better.

From start to finish, you can trust our seasoned burglary lawyers to fight for the most favorable outcome in your case. With our extensive experience and proven results, you can feel confident placing your future in our hands.

 

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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