State burglary charges are taken extremely serious by prosecutors and can bring along extensive sentences if mishandled. In New York, burglary requires an individual to enter or remain in a building with the intent to commit another, separate crime. Yet, there is no actual requirement that the underlying crime be committed. Indeed, prosecutors often deal with these exact scenarios, and are adept at bringing these charges while finding ways to prove intent as the case develops. It is critical that your defense attorney isolate this element and convince the government, judge, or jury that you lacked any intent to commit a crime. If investigated and executed correctly, your case may be dismissed.
Burglary in the Third Degree: Perhaps the most common charge, the government must show that you knowingly entered or remained unlawfully in a building with intent to commit a crime therein. This is a Class D felony, and carries serious prison time should you be convicted.
Burglary in the First or Second Degree: When the basic burglary elements are coupled with an assault, larceny, possession of stolen property, or the possession or use of a deadly weapon, the government may enhance your charge to a first- or second-degree crime. This elevated offense can bring your sentence to beyond a decade in prison if convicted.
If you are being prosecuted for burglary, hire an experienced federal criminal defense attorney who has dealt with this charge on both sides of the courtroom. Being prosecuted for this offense is only one small piece of the puzzle. What your defense attorney does afterwards, by way of investigation and creative advocacy, will both increase your chances of successfully walking away from these accusations and shape the rest of your life.
The sooner you put your case in the hands of an experienced criminal defense lawyer, the more likely your matter will end favorably.