New York Criminal Lawyer Blog
In New York there are a total of 6 categories of Burglary. The primary Burglary categories are Burglary in the 1st degree through Burglary in the 4th degree, as well as crimes involving attempted burglary and being in possession of tools used in burglary. In general, 1st degree through 4th degree Burglary are considered felony violations, while the other burglary crimes are considered a misdemeanor offense. Each degree of Burglary represents a different severity of the crime. Burglary four is considered the lowest in severity and is an E felony. Burglary 3 is a D felony, and Burglary 2 is a C Felony, while Burglary in the 1st degree considered being the most severe, (a B Felony), which can carry a penalty of up to 25 years in prison. If you have been arrested and charged with the crime of Burglary is important to know your rights through the Criminal Court process. A Burglary charge is serious, and the consequences life changing. Having a New York Burglary Lawyer assist you through this process is important.
If you have been charged with a lower level Burglary crime, you may have received a Desk Appearance Ticket. You should remember that you were, in effect, still legally arrested. You will have the same obligation to attend your designated Arraignment hearing.
A Queens Criminal Lawyer can explain to you that Burglary occurs when an individual gains illegal entry into a premises for the purposes of engaging in a criminal act. Something like breaking into an art or jewelry store and taking merchandise is an example of a burglary. The critical elements of the crime in this instance would be the illegal entry into the premises, and the actual taking of the property. The crime of Burglary could involve other crimes that could have occurred at the same time, such as a Drug Crime, or Possession of a Small Weapon, Petite Larceny and Assault amongst many others.
The crime of Burglary can have many variables (these variables determine the category of the Burglary). Some variables are: if any injury resulted from the burglary, what type of crime was committed after the person gained entry, and whether or not the person used a weapon during the crime.
These variables are important, as they are what will be argued between your New York Criminal Lawyer and the District Attorney. Having a qualified New York Burglary Lawyer not only will help you navigate through the complex New York Criminal Court system, but will lend you legal guidance and support.
Stephen Bilkis and Associates will provide you with an initial case evaluation free of charge with your first visit. We have offices in New York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.Phone us for your appointment today at 1-800-NY-NY-LAW.