Criminal Defense Lawyers

Beating Burglary Charges in NYC: What You Need to Know

I feel you. Dealing with a burglary charge in New York City can be straight up terrifying. Your mind is prob spinning with all these scary “what if” scenarios about going to jail, paying insane fines, having a record. I would be freaking out too if I were in your shoes. But don’t panic just yet—there are definitely ways to fight these charges. Let me break it down for you real quick.First off, burglary charges need to prove that you illegally entered a building with intent to commit a crime. Just being inside somewhere you weren’t supposed to be isn’t enough to convict. The district attorney needs hard evidence you intended to steal or damage property. Without that, their whole case falls apart.So where does that evidence usually come from? 9 times out of 10 it’s:

• You getting caught red-handed with stolen goods
• Security footage of you forcing entry or snooping around
• Proof you already sold/pawned items taken from the location

If the DA doesn’t have at least one of those things locked down, their case is on pretty shaky ground from the start.

Poking Holes in the DA’s Case

But even if they do have what looks like solid evidence against you, an experienced NYC burglary lawyer can still get charges dismissed or reduced by poking holes in the DA’s case. Here are some of the main ways good lawyers manage this:Questioning the evidence

• Is the security footage clear enough to actually identify you? Can they prove it wasn’t tampered with?
• Are there gaps in the footage that give you a chance to argue you had permission to enter or didn’t have intent to commit a crime?
• Can they conclusively tie you to stolen items/profits, or is there room for doubt?

Challenging intent

• Can you reasonably claim you entered the premises by accident or with permission?
• Were you under duress or coerced into the situation by someone else?
• Were you so intoxicated you weren’t capable of forming intent?

Exposing sloppy police procedures

• Did cops violate protocol while collecting evidence or arresting you? That can get evidence thrown out.
• Were you interrogated without being read your rights? That’s no bueno for the DA.

Leveraging your clean record

• First-time offenders often get more leniency. A good lawyer will play up your clean history.

Highlighting your ties to the community

• Judges go easier on people with jobs, families in the area, charity work etc. Your lawyer can emphasize this.

And here’s the kicker – the burden of proof is on the prosecution. So if your lawyer can create even a sliver of reasonable doubt about your guilt, charges can get dismissed without you having to prove a thing. Pretty sweet deal if you ask me.

Getting Your Charges Reduced

Now sometimes the evidence is just too damning and dismissal isn’t in the cards. But experienced attorneys have another trick up their sleeve: getting your charges reduced from burglary to a less serious crime like trespassing.This takes fines, jail time, and long term consequences wayyy down. It also gives you better odds of avoiding a permanent criminal record. Not a bad consolation prize.To make this happen, your lawyer will usually try to argue one of three things:1. You had no felony-level intentLike we talked about earlier, the DA has to prove you intended to commit a separate felony like larceny, assault, etc. If your lawyer can show you just planned to unlawfully enter the premises with no serious criminal intent, it weakens the burglary charges.2. There was a mistake of factIf you can reasonably claim you entered the property by mistake, like you thought you had permission or didn’t realize it was restricted, trespassing charges make more sense.3. You were entrappedIf someone else pressured you into entering the property under threat or coercion, arguing you were entrapped can also help knock charges down to trespassing territory.Heads up though – plea deals always carry risks too. While trespassing charges are less damaging, they can still mean fines, probation, and other headaches. An experienced lawyer will be honest with you about potential outcomes so you can make an informed choice about how to proceed.

Finding the Right Burglary Defense Attorney

I know this is a freaky situation with a lot at stake. Taking some deep breaths. The good news is NYC has no shortage of qualified attorneys ready to help you beat these charges. You just gotta find someone you vibe with.Here are key tips for finding your dream lawyer:Search for experienceGo with someone well-versed in NY burglary law with a proven record of getting charges dismissed and reduced. Ask about their case success stats.Vet their negotiation skillsBackroom wheeling and dealing is key for plea bargains. Look for a smooth negotiator.Check reviewsFormer clients will give you the real deal on lawyers’ responsiveness and effectiveness. Sites like Avvo and Lawyers.com have candid takes.Interview multiple attorneysTalk to a few options to find someone you personally click with. The lawyer-client relationship is so important, so follow your gut.Ask about payment plansTheir fees might seem scary high at first glance. But many firms offer flexible payment options – don’t be shy to ask!

Other Key Things to Remember

A few other quick tips while you gear up to fight these charges:

• Be careful what you say! Anything you tell police can come back to bite you. Keep your mouth shut until your lawyer is present.
• Save any evidence that could help prove your innocence – texts, voicemails, location data, etc.
• If you’re released on bail or probation, follow ALL the rules to a T. Any slip up gets reported to the judge.
• Make sure you show up to all court dates on time! Missing one looks realllly bad.
• Ask your lawyer to keep you updated on the process, next steps, and what to expect. The more info you have, the less anxious you’ll feel.

Whew, I know that was a whole lot of info. But I hope breaking down what it takes to beat these charges in NYC helps you feel a little more empowered and less freaked. You got this! It ain’t over yet. With a solid lawyer in your corner poking holes in the DA’s case, you have a fighting chance. So take some deep breaths and trust the process. You’ll get through to the other side of this.

Resources

Articles

• What You Need to Know About Burglary Charges in New York
• What is Third Degree Burglary in New York?

Videos

• What are the Penalties for Burglary in New York?
• How Do I Fight My NYC Burglary Charges?

Legal Help

• Rosenblum Law – Highly rated NYC defense firm
• The Potman Law Firm – Experienced criminal defense attorneys