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Bronx Burglary Lawyer

According to Article 140 of the New York Penal Law, an individual is guilty of committing burglary when he or she knowingly enters and unlawfully remains in a building with an intent to commit a crime. An individual can be charged with burglary if he or she climbed through an unlocked window or opened an unlocked door, so one can be charged with burglary without breaking and entering. In New York, an individual can be charged with first degree, second degree, and third degree burglary.

Third Degree Burglary
New York Penal Code 140.20 states burglary in the third degree occurs when an individual knowingly enters or unlawfully remains in a building with the intent to follow through with further criminal behavior. Third degree burglary is a class D felony in New York. It is important to note because burglary is a felony, an individual who is convicted of this crime will face a prison sentence.

Second Degree Burglary
According to New York Penal Code 140.25, an individual is guilty of second degree burglary when he or she knowingly enters or remains in a building with the intent to commit further crimes.

In order to be convicted of second degree burglary, an individual must be found guilty of entering or fleeing the scene while committing one of the following:

1. Was armed with an explosive device, a firearm, or a deadly weapon;

2. Caused physical harm to any individual who was not part of the crime;

3. Used dangerous devices to threaten or evoke fear in victims;

In addition, second degree burglary occurs when the individual charged is accused of entering a building that is another individual’s dwelling. In New York, second degree burglary is a class C felony.

First Degree Burglary
New York Penal Law 140.30 states that an individual is guilty of first degree burglary if he or she knowingly enters or remains in another individual’s dwelling with the intent to commit further criminal behavior. To be convicted of first degree burglary, an individual must commit one of the following upon entry or fleeing the scene:

1. Was armed with an explosive device, firearm, or deadly weapon;

2. Caused physical harm to a victim;

3. Used threats to evoke fear.

Article 140.3 states first degree burglary is a class B felony.

Penalties for Burglary
The following include the penalties for those who are convicted of burglary in New York:

Burglary in the third degree: A prison sentence ranging from one to seven years and a maximum fine of $5,000.

Burglary in the second degree: A prison sentence that ranges from one to 15 years and a maximum fine of $5,000.

Burglary in the first degree: A prison sentence ranging from one to 25 years and a maximum fine of $5,000.

The Importance of a Skilled Bronx Defense Attorney
There are a variety of factors involving evidence that are taken into account during a burglary trial. Evidence may be based on video surveillance, witnesses, fingerprints, DNA, and more. A Bronx criminal defense attorney understands how to examine every type of evidence and identify any mistakes made my authorities.

To be convicted of burglary in New York, a prosecutor must prove beyond a reasonable doubt the defendant knowingly violated Article 140 of the New York Penal Code. There are many cases that involve circumstantial evidence, and an experienced criminal defense attorney understands how to identify circumstantial evidence. Because burglary charges can lead to lengthly prison sentences, it is imperative that an individual seek guidance from a skilled legal expert immediately after being taken into custody.

by Leonard on Spodek Law Group
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