New York law defines burglary as the act of entering or remaining in a building with the intention of committing a crime. Being charged with burglary is a serious felony charge, and a conviction carries severe penalties and time in jail.
If you have been charged with burglary, it’s crucial to have a skilled Long Island burglary lawyer by your side. Jason Bassett Criminal Attorney is an experienced Long Island criminal defense lawyer with more than 20 years of experience in criminal law. He has dedicated his career to vigorously defending the rights of clients accused, arrested, or charged with serious offenses. To schedule a free consultation with Long Island’s top-rated burglary lawyer, contact us today at (631) 259-6060.
Mr. Jason Bassett treated my son’s case with respect, he showed empathy and was very patient with the many concerns I had during my son’s court dates. Very professional and if I have to use him again there would be no question that I would. I would most definitely recommend him.
New York law defines burglary as the act of entering a building with the intention to commit a crime. It is a separate crime entirely from any action that happens inside the building once the individual is inside, so even if that person does not actually commit the intended crime, it is still an act of burglary. Consequently, if an individual commits burglary, there will most likely be other charges in addition to the burglary charges.
New York criminal courts take burglary charges seriously as a felony, and a conviction can result in substantial time behind bars as well as fines, parole and/or probation time. Burglary has specific elements that differentiate it from other crimes such as theft or breaking and entering. These are:
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Like most other crimes, burglary has three levels of severity, with penalties imposed based on the level of the crime.
In a burglary prosecution, the main focus for the prosecution will be to prove the intent to commit a crime. This will be proven through the presentation of evidence, which can include surveilling the building, carrying burglary tools, wearing concealment clothing, or other evidence. But intent can be difficult to prove as no one has the ability to know or show what the defendant was thinking at the time of the event.
Because there are most often other charges in addition to a burglary charge, depending on what takes place inside the building, these additional charges will further impact evidence, guidelines, and sentencing.
| The Three Levels of Burglary | Details |
|---|---|
| Third Degree Burglary | Third Degree Burglary is classified as a Class D felony. It involves unlawfully entering a home or building with the intent to commit a crime. If convicted, the penalty for third degree burglary is up to 7 years in jail. |
| Second Degree Burglary | Second Degree Burglary is a Class C violent felony. This occurs when an individual unlawfully enters a home or building and is either armed with a weapon or an innocent individual is harmed. If convicted, the sentence ranges from 3.5 to 15 years in jail. |
| First Degree Burglary | First Degree Burglary is a Class B violent felony. This is the most severe form of burglary, involving unlawfully entering a home or building and being armed with a firearm, displaying what appeared to be a firearm, using or threatening to use a dangerous weapon, possessing burglary tools, or causing physical harm to an innocent person. If convicted, the penalty for first degree burglary ranges from 1 to 25 years in state prison. |
In New York, burglary is categorized into three degrees, with first-degree burglary considered the most serious. Under New York Penal Law Section 140.30, first-degree burglary involves unlawfully entering or remaining in a dwelling, typically a home, with the intent to commit a crime. This degree of burglary is particularly serious due to elements of violence or the threat of violence.
The law specifies several conditions that elevate a burglary to the first degree. These include the defendant being armed with explosives or a deadly weapon, which significantly increases the danger and potential harm to individuals. Additionally, if any physical injury is inflicted on another person during the burglary, or a dangerous instrument is used, the crime qualifies as first-degree burglary. Furthermore, displaying what appears to be a firearm or gun also falls under this category, emphasizing the severity and potential for violence associated with this crime.
Given these factors, first-degree burglary is a violent felony that carries severe penalties due to the high risk and traumatic impact it poses to individuals. For anyone facing such charges, consulting with an experienced burglary lawyer is crucial to manage the complexities of the legal system and to advocate effectively for one’s rights and defense. Contact the Law Offices of Jason Bassett to schedule a consultation.
He treated me with respect and did everything in his power to ensure I received my freedom. Excellent. He was able to do beyond what was desired and expected.
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If you have been charged with burglary in New York, the quality of your defense can have a critical impact on your outcome and may make the difference between a conviction, reduced charges, or even dropped charges. Having the right burglary lawyer means that the court will understand the full scope and facts of your situation, not just what is presented by the prosecution.
When you have been charged with a crime, getting the skilled legal guidance of someone who understands not only criminal defense but also the prosecutor’s process can be essential to your success. Jason Bassett Criminal Attorney is a talented burglary lawyer and former prosecutor who has over twenty years of experience in the criminal justice system. He aggressively defends his clients and brings his experience, skill, and insight to each case he defends.
If you or a loved one has been charged with burglary in New York, contact the law offices of Jason Bassett Criminal Attorney at (631) 259-6060 for a free consultation to discuss your case.
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