Queens Burglary Lawyer
There are a few different components to a burglary that are considered before you are charged with the crime. Burglary is any type of unlawful entry into a home, vehicle or business. There is an intent to commit some kind of crime once inside the property, such as taking belongings. Burglary doesn’t have to involve theft or larceny for it to be considered a crime. Breaking and entering aren’t required for the burglary charges to be filed. You could trespass onto the property and enter the structure without any kind of physical force being involved and still be charged with burglary. There usually isn’t anyone in the structure when a burglary is committed, which is one of the components that make the crime different from robbery.
An example would be if you entered someone’s home and knew that there was jewelry in a box. You plan to take the jewelry once inside the home. When you see that there isn’t any jewelry in the box any longer, you leave. Officers can still charge you with burglary because you entered the home with the intent to remove someone else’s possessions.
Each aspect of burglary can be different from one state to another. If you are charged with a federal crime, then the laws of the state where the crime took place will be used when you go to court. Each element of burglary must be present in order for you to be convicted of the crime. These elements include the unauthorized breaking and entering, an intent to commit some kind of crime and entry into a building or another kind of structure.
There are two ways that entering the structure can take place. One is actual, and the other is constructive. Breaking and entering in an actual manner is when some kind of physical force is used, such as using a tool to break the lock on the door. You could also push a door open that has been left cracked or raise a window that has been left open. Constructive entering doesn’t involve any kind of physical force. Instead, it often involves threats or fraud. The element of entering the structure must also be present. You only need to stay in the structure for a few moments for the crime to be considered burglary. You also have to enter the structure without the permission of the property owner. The law usually considers a structure one that can house people or animals even if the structure isn’t inhabited at the time. The property has to be closed to the public at the time the crime is committed.
When you go before a judge after being charged with burglary, the judge will usually have a few options for the punishment that you receive. A Queens burglary lawyer can help to try to get the charges reduced so that you don’t have to spend time in jail or so that the length of time in jail is minimal. The judge will look at all of the factors involved in the burglary instead of just one element at a time. First-degree burglary, which involves planning to commit a crime before breaking into the building, is usually more serious than other types of burglary. The judge could sentence you to one year in jail or up to 25 years in some states depending on the circumstances of the crime. Your attorney can offer evidence and defenses that can help reduce the sentence, such as a lack of a criminal record or going along with someone else when committing the crime.
May 17, 2018
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