Many people may not know this, but Common law burglary could not be committed at the day time. According to Common law, burglary was the breaking and entering of a dwelling of another person done at nighttime to commit a felony thereafter. However, in New York, the crime can be committed at any time of day. The state has also separated burglary into three degrees according to the specific statute PENN 140.
How is Burglary Defined in Queens?
In New York, burglary is defined as entering or remaining on property without permission and with the specific intent to commit a crime. The property may be a commercial building or a person’s house or apartment.
You may have the right to be on the property, but lose that right. This is why the statute mentions “remaining on property.” You may also be accused of trespass. Criminal trespass occurs once you step on a person’s property without their consent.
The term “specific intent” refers you going onto the property or remaining there because you wanted to commit a crime. The crime may be a felony such as grand larceny. It could be a misdemeanor such as shoplifting from a store. The type of crime you were allegedly planning to commit doesn’t matter.
Aggravated Burglary in Queens
It’s important to understand why a lower charge may be ungraded. The term “upgraded” means that your charged with a more serious offense based on the facts of the case. Aggravated burglary is a term used to explain that you are accused of committing some dangerous actions while committing burglary.
The state outlines three aggravated factors that can cause a burglary charge to be upgraded:
• You were armed with either a deadly weapon or explosive during the burglary. You can even be assumed the instrument you were carrying with you was a deadly weapon.
• You injured someone during the commission of the burglary. The alleged victim can’t be someone who participated in the crime.
• You threatened to use or actually used a dangerous instrument. A dangerous instrument is considered any type of object used in a way that could serious injury someone or caused their death.
Third-degree Burglary in Queens
Third-degree burglary is unlawfully entering and/or remaining on property that is owned by someone else. You remain on the property with the specific intent to commit a crime inside the build.
Second-degree Burglary in Queens
Second-degree burglary includes the same definition as third-degree burglary. Prosecutors must also show that you had the requisite intent to burglarize, and one of two things occurred. The building is a dwelling. This means that it was an apartment or house. If it wasn’t a dwelling, you caused injury to a victim, displayed a weapon or was armed with a deadly weapon.
First-degree Burglary in Queens
First-degree burglary in Queen is the most serious charge. It involves the same definition as second degree burglary. The only difference is one of the aggravating factors must happen such as use of a deadly weapon.
The Punishment for Burglary in Queens
In New York, the punishment for burglary is outlined by the degrees. This means third-degree has the least amount of time. For example, third-degree burglary is a Class D felony. It has the punishment of one to seven years in state prison. You may have to pay a $5,000 fine.
Second-degree burglary, a Class C felony, has the same fine as the lower burglary degree. However, it is punishable by one to 15 years in state prison. First-degree burglary is a Class B felony. You face one to 25 years in state prison. The fine is $5,000.
We are Your Queens Burglary Lawyers
You’ve accused of burglary in Queens. That doesn’t mean you’re guilty. It means that state prosecutors must prove your guilt beyond all reasonable doubt. Thus, we still have time to build a strong defense strategy and negotiate with prosecutors to get the charge reduced or dismissed. We are experienced in representing clients in Queens who are accused of burglary. We understand how prosecutors operate. Let’s discuss your case and start working to resolve this criminal charge for you. Contact us.