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Staten Island Burglary

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A Staten Island Burglary Lawyer can explain that this crime is committed when a person unlawfully entering the dwelling house of another for the purposes of committing a criminal act. For example, when a person breaks into a home to steal a t.v., they have committed burglary. Whether this crime is considered a felony would depend on several factors which are discussed below. If you have been charged with burglary or other theft crime such as Petit Larceny, credit card fraud, robbery or Grand Larceny speak to the legal team at Stephen Bilkis & Associates, PLLC for legal advice and a free consultation. If you are convicted, the consequences are serious and can include jail time, hefty fines and probation.

Burglary is set out in New York Penal Law Article 140. There are three degrees of this crime: first degree (NY Penal Law 140.03), second degree (NY Penal Law 140.25) and third degree (NY Penal Law 140.35).

Third Degree

The offense of third degree burglary is a felony. If you are convicted, the minimum sentence you will face is 3 years in prison. The maximum sentence ranges from 2.3 years to 7 years in prison. Depending on the particular circumstances of your case, the judge can impose a lesser alternative sentence if the crime involves entering a building as opposed to a home.

Second Degree

Burglary in the second degree is a class C violent felony. If you are convicted of this offense, the minimum sentence is 3.5 years in prison. The maximum sentence for this crime is 15 years in prison. This crime is committed when:

  • A person knowingly enters a dwelling and remains there to commit a crime;
  • Or a person commits a burglary and someone is hurt in the process;
  • Or a person commits a burglary in a building and he or an accomplice possesses a weapon.
First Degree

This offense is a violent class B felony. The minimum sentence is 5 years in prison, and the maximum sentence is 25 years in prison. This charge is considered very serious and is thought to be at the same level of severity as a murder charge. This offense is committed when:

  • A person commits a burglary in a dwelling and:
  • Is armed with a weapon or firearm;
  • Or injures another party.
Possession of Burglar’s Tools

This offense is a class A misdemeanor. The minimum sentence for this crime is alternative program that will allow the defendant to avoid jail time. The maximum sentence is 1 year in jail. This crime is committed when:

A person is in possession of any instrument or tool that could be used to commit a burglary, and the circumstances indicate that the tools were going to be used illegally.

This crime can be the only charge involved, but usually it is accompanied by other crimes such as:

  • Grand Larceny (NY Penal Law Article 20);
  • Criminal Possession of Stolen Property (NY Penal Law Article 165);
  • Criminal Possession of a Weapon (NY Penal Law Article 265);
  • Assault (NY Penal Law Article 20).

If you or a loved one has been charged with a theft crime, it is very important to take action to ensure that your rights are protected. If you are convicted, you could be facing very serious penalties including prison time, fines and probation. Speak with our legal team today for sound legal guidance and a free consultation. We have offices to serve you in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We also have locations in Suffolk County and Nassau County on Long Island and Westchester County. Call us today to schedule your free consultation at 800.696.9529.

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