Example of Entry to a Building in Brooklyn, New York
An example of entry to a building includes anything from crossing the threshold into that building or merely reaching one’s arm through a window. As per Section 140 of New York’s Penal Code, a person who enters or stays on a premises when not having the right to do so is there illegally. Generally speaking, it is not required that the entry be done in a forceful manner for the action to be considered illegal.
What are the Elements of Burglary in Brooklyn, New York?
The crime of burglary can consist of the following two key elements:
• Trespassing, entering or remaining on a property knowing that doing so is illegal
• Specifically entering a property with the intention of committing a crime therein
Pertaining to the second element, the prosecutor would have to prove in court that the defendant had the intention of committing a crime in the building when they entered or remained on the premises. This means that if a person is to be convicted or burglary, it would require them to actually intend to commit the crime, even if they did actually commit a crime while on the premises.
Degrees of Burglary Charges in Brooklyn, New York
Burglary is a crime that can be charged in a number of ways depending on the severity of the offense. Burglary in the third degree is charged as a class D felony, which carries a prison sentence of up to seven years. However, if the individual has no previous convictions within 10 years, they may not receive a prison term and may instead be sentenced to probation. With a single prior felony conviction within that time, the individual can receive a sentence of two to four years in prison.
Burglary in the third degree can be raised to the second degree, a class C felony, if the person has a deadly weapon or explosives on their person and causes physical harm to another person not part of the burglary. They can also be charged with first degree burglary, a class C felony depending on the situation.
Possible Defenses for Burglary Charges
The defense attorney can use one of the following defenses for a burglary charge:
• The defendant lacked the intention of trespassing
• The defendant did not intend to commit a crime after entering or staying in the building
• The weapon the defendant had in their possession was not loaded or operable
Penalties and Sentences for Burglary in Brooklyn, New York
The penalties and sentences for burglary in Brooklyn and New York, in general, are serious. They are also enhanced if the individual was armed with a deadly weapon or explosives at the time of the crime, if another person was injured during its commission or if the defendant used or even just threatened to use a deadly weapon during the burglary.
For burglary in the third degree, a person can receive a prison sentence of up to seven years and a $5,000 fine. Second degree burglary carries a maximum prison term of 15 years and a $5,000 fine. Burglary in the first degree can result in 25 years in prison and a maximum fine of $5,000.
Burglary charges are among the most serious in Brooklyn and New York as a whole. A person who faces such charges should speak with a criminal defense attorney immediately so that they can have the possible defense built to potentially get the charges reduced or even dropped.