Spodek Law Group

Brooklyn Burglary Lawyer

The common law definition of burglary is the breaking and entering of a dwelling belonging to another person in the daytime with the intent to commit another crime. This definition has evolved to involve the breaking and entering in a dwelling at nighttime too. In addition, a person does not have to physically break into the dwelling to be accused of burglary. In Brooklyn, a burglary crime is defined in New York’s panel code 140.

Brooklyn Burglary involves Entering or Remaining in a Building

According to New York law, burglary is intentionally entering or remaining unlawfully in a dwelling or building with the intent commit another crime. To be convicted of burglary you:

• Knowingly entered a property. This means you intentionally went into the property. You do not have to physically break into the property.
• You did not have the consent of the property owner to enter or remain on the property
• You intended to commit another crime after entering or remaining on the property

The state has three degrees of burglary. Whether you or a loved one is accused of a specific degree depends on the facts of the case.

Brooklyn Degrees of Burglary include: First, Second and Third Degrees

The two elements involved in each burglary degree is the remaining or entering a property. The second is having a specific intent to commit a crime after entering or remaining. The term “remaining” means that you initially had consent, but the property owner revoked that consent. You allegedly remaining on the property anyway.

The burglary in the first degree is the harshest burglary degree. It involves entering or remaining in a dwelling, or where a person resides, and causing physical injury to a victim. The burglary is committed with a firearm or dangerous instrument such as a knife.

Second degree burglary involves entering or remaining in a building such as an apartment or house with the intent to commit another crime thereafter. A weapon is used during the burglary and an innocent person is innocent. If a weapon was not used, a dangerous instrument was used such as a baseball bat.
Third degree burglary occur involves unlawfully entering or remaining in a building with the intent to commit a crime. The building may be a commercial business.

Punishment for a Burglary Conviction in Brooklyn

The penalty for a burglary crime depends on the degree charge:

• First degree burglary is a Class B felony punishable by one to 25 years in prison
• Second degree burglary is a Class C felony punishable by one to 15 years in prison
• Third degree burglary is a Class D felony punishable by one to seven years in prison

Each burglary degree includes a $5,000 fine.

Enhanced Penalty in a Brooklyn Burglary Case

A burglary charge carries a higher sentence if one or more of the following occurred during the crime:

• You are accused of having a deadly weapon, instrument that appears to be a gun or an explosive
• You allegedly injured someone other than someone committing the crime with you
• You allegedly threatened or used a dangerous instrument in a way that could cause serious injury or death. For instance, you are accused of having a baseball bat during the burglary. The baseball bat could be used to serious harm or kill someone.

Contact a Brooklyn Burglary Attorney for Assistance in Your Case

The first thing to do when accused of burglary is not to panic. Many mistakes are made when you panic about what could happen. Instead, remain came and contact us. We will determine the defense to use and how to proceed with your case. Contact us.