New York law has very strict Burglary laws. It is important for the criminal defense lawyer to understand the meaning of the crime and recognize potential defenses.
The facts are extremely important as counties in New York State treat burglary seriously. A charge of burglary in Westchester County, Putnam, Rockland and Orange County is vigorously prosecuted and the criminal defense attorney needs to be aggressive in the defense.
Burglary
Burglary in the Third degree -- A person must knowingly enter or remain unlawfully in a building with intent to commit a crime therein. A Class "D" Felony.
Burglary in the second degree -- Includes the elements of burglary in the third degree and involves an explosive or deadly weapon, causes physical injury to another person, displays a dangerous instrument or displays a firearm. A Class "C" Felony
Burglary in the first degree - Includes burglary in the second degree but the burglary occurs in a dwelling. A dwelling is a building which is usually occupied by a person lodging therein at night. A class "B" Felony
The defense of a burglary case is very fact specific but also the prosecution must prove the accused "knowingly" enters or remain unlawfully with the "intent" to commit a crime therein. These can be difficult elements for the prosecution to prove and the top criminal defense attorneys need to review the facts of the case to determine the weaknesses for the prosecution.
If you have any questions about the crime of burglary or the defense contact a criminal defense lawyer to explain the law and the options regarding how the case will proceed.
