Brooklyn Burglary Lawyer

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.

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Legal Scenario: What Would You Do?

Scenario

You returned to your ex-girlfriend's Brooklyn apartment to retrieve your belongings while she was at work, using a key she never asked you to return. A neighbor called the police, and you were arrested and charged with second-degree burglary even though you believed you had a right to enter.

Can I really be charged with burglary just for entering an apartment where I used to live to get my own things back?

Attorney's Answer

Under New York Penal Law § 140.25, second-degree burglary occurs when a person knowingly enters or remains unlawfully in a building with intent to commit a crime, and the building is a dwelling. Even if you once had permission to enter, that permission can be revoked, and prosecutors may argue your unauthorized entry combined with the intent to take property constitutes burglary. The fact that you used a key does not negate the 'unlawful entry' element if your right to access the apartment had been terminated. A skilled Brooklyn burglary defense attorney can challenge whether you had intent to commit a crime and whether you reasonably believed you still had lawful access, which could lead to reduced charges or dismissal.

This is general information only. Contact us for advice specific to your 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