Committing a burglary is a serious offense in New York City. Those who are charged with the crime of burglary are prosecuted aggressively and face tough sentences. Burglary is viewed as a pre-meditated act in New York, meaning that required forethought and planning. Being convicted of burglary may often lead to lengthy jail time, so it is not a charge to take lightly. You can help yourself immensely by obtaining the services of an experienced attorney to defend you against the charge of burglary.
The charge of Burglary can cover a wide range of crimes from petit larceny to first degree burglary and can carry a sentence of up to 25 years in prison. For someone who has shown a history of theft related crimes, the punishment can go even higher. It is important that you’re able to obtain the services of a skilled attorney who knows how to take you through the legal procedures and help you obtain the best judgement possible. The right attorney could possibly help you to avoid having to serve an extended jail sentence.
Raiser and Kenniff, PC, are experienced with burglary cases and have been defending clients for a combined total of over 30 years. Both partners are from New York and know the local laws regarding burglary charges and penalties. Raiser and Kenniff are both Nationally recognized attorney’s with a record of positive outcomes. They have built a great reputation for providing quality service for their clients in a wide range of legal areas.
Raiser and Kenniff can take you through the legal process from start to finish and help you understand your rights and what to expect during the court proceedings. In New York City, you can be placed under arrest for burglary if the police have probable cause that you may have been involved in the commission of a crime. If you are charged with a crime, you will be “processed” while in custody and normally taken before a judge within 24 to 48 hours from the time you are arrested.
You should be aware that prior to being taken before the judge, trying to get the police to change their minds is not in your best interest. Anything you say to the police can possibly be used against you. It’s best to say nothing until you’re able to speak to an attorney. Once you have been charged with a crime and processed, request to speak with an attorney and say nothing to the police. Raiser and Kenniff can walk you through the arraignment process and help to get you the best outcome possible.
During your arraignment, the judge will explain the charges against you and determine your bail amount. Your attorney can help you with any questions once the bail amount has been set. For more details about Raiser and Kenniff, PC and how they can help you through the legal process and it’s outcome if you have been charged with a burglary, contact them at Raiser and Kenniff, PC.
According to the statute, you allegedly entered into and/or remained in a building on purpose. You allegedly had the intent to commit a crime. What makes it second degree burglary is two additional factors. The first factor is that you accused of burglarizing a dwelling instead of a commercial building. A dwelling is a residence such as a house or apartment. The second factor is that you may have committed one of the following:
• You cause a victim physical injury.
• You had a deadly weapon during the crime
• You use or threatened to use an instrument considered dangerous.
• You displayed a firearm. You may notice that aggravated factors are involved in both burglary in the first and second. The difference is that you must commit one of the aggravated factors to be charged with first degree burglary. The sentence for second degree burglary is one to 15 years in state prison. New York Third Degree Burglary Third degree burglary isn’t as serious as first and second degree burglary. Third-degree burglary is knowingly entering and/or remaining in a building with the purpose of committing a crime. The building can be a commercial building such as a store or restaurant.
Additional Factors that Increase Prison Time in a New York Burglary
New York has an additional factor that can increase a prison sentence for anyone convicted of burglary. It’s called violent predicate. If you have been convicted of a felony charge within a 10-year period, you may receive a harsher prison sentence. If the felony occurred more than 10 years ago, it won’t count against you as a violent predicate. However, New York also has a persistent felony offender label. If you have more than two felony convictions, you could be labeled as a persistent felony offender. This means that you could receive life in state prison. These factors make it vital to work with a defense lawyer to downgrade the charge.
For example, if you have two felonies and a current burglary charge, your lawyer made get the charge downgrade. This means you could be charged with a misdemeanor and avoid additional prison time. We are Your New York Burglary Lawyers Prosecutors can charge you with burglary in a number of different ways. Depending on the facts surrounding your burglary charge, you may be accused of additional crimes. It doesn’t matter how serious your burglary charge is. We will represent you. If you have questions about your case and/or need a criminal lawyer, contact us. We have the experience to defend you against these charges. Contact us immediately.