In New York, burglary is not just a crime. It’s a felony crime. This means significant prison time. The prison time is in addition to fines and a criminal mark on your record. If you are charged with burglary in the Bronx, contact a lawyer immediately for help. There’s no time to waste. In the meantime, knowledge is power and the following is what you need to know about being charged with burglary in the Bronx.
What is Burglary in the Bronx?
Burglary is defined in Section 140 of the states penal code. It is the trespassing or entering in a property owned by another without consent and with the intent to commit a crime. It also involves remaining on the property after no longer having consent to commit a crime.
Bronx Burglary in the Third Degree
In New York, burglary is separated into three degrees. The third-degree burglary is the lowest level burglary felony because it is a Class D felony. Burglary in the third degree involves you knowingly entering on a person’s property or remaining there without consent. You are unlawfully there with the intent to commit a crime such as larceny or assault.
The criminal sentence for third-degree burglary ranges from one to 25 years in state prison. The prison sentence is in addition to penalties and fines the judge may order.
Bronx Burglary in the Second Degree
Burglary in the second degree involves knowingly entering into or remaining on property that belongs to another. While on unlawfully on the property, you intend to commit a crime. The property is a dwelling. This means that it is a residence such as an apartment or house. In addition to elements defined in third-degree burglary, second degree may involve one of the following:
• You were armed with a deadly weapon or explosive.
• You caused physical injury to an individual who wasn’t participating in the burglary.
• You displayed a weapon such as a revolver or shotgun.
• You threatened to use, or you actually used a dangerous instrument. The New York penal code defines a dangerous instrument as any type of object that cause a person physical harm or death.
The penalty for burglary in the second ranges from one to 15 years in state prison.
Bronx Burglary in the First Degree
First-degree burglary is a Class B felony. It’s also the harshest burglary degree. It involves unlawfully knowingly entering into and/or remaining property with the intent to commit a crime. While on the property or within the immediate area, you commit one or more of the following actions:
• You cause someone physical injury. This person isn’t participating in the crime.
• You are armed with an explosive or deadly weapon.
• You threaten or use a dangerous instrument.
• You display a deadly weapon during the burglary such as a rifle or firearm.
The sentence for burglary in the first degree ranges from one to 25 years in state prison.
Some factors that may impact burglary sentence in the Bronx. For instance, you committed a non-violent felony within a 10-year period. If convicted of burglary, you’ll spend more time in prison. If you have two or more felony convictions, you may be convicted under the Persistent Felony Offenders law. This means life in state prison.
If you are 16 years old or younger and accused of felony burglary, you may be charged as an adult. However, if you’re convicted, different penalties apply.
Contact Our Law Firm Today about Your Bronx Burglary Charge
The New York Penal code outlines the criminal sentence, penalties and fees for criminal burglary. These charges do not include any addition, separate charges that may arise from a burglary charge such as drug charges. What the statute also does include is that you have the right to defend yourself against this charge. This means you have the right to hire a defense lawyer and attack the prosecutor’s case against you.
Contact us. At our law firm, we are devoted to getting our clients out of legal trouble. It doesn’t matter if the facts support a guilty verdict or not. We’re tough negotiators and even tougher trial lawyers. We’re ready to fight for you and resolve your case in your favor.
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