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Burglary

Burglary is a serious criminal offense in New York that can result in severe penalties if convicted. At Viscosi Law, we understand the impact that a Burglary charge can have on your life, and we are here to help you defend your rights and interests.

In New York, Burglary is defined as unlawfully entering a building or dwelling with the intent to commit a crime. This can include theft, assault, or any other crime that the person intended to commit at the time of the entry. Burglary charges in New York can be classified into three degrees, with first-degree Burglary being the most severe offense. 

  • First-degree Burglary involves unlawfully entering a dwelling intending to commit a crime while armed with an explosive or deadly weapon or causing physical injury to another person. This is a Class B violent felony and can result in up to 25 years in prison.
  • Second-degree Burglary involves unlawfully entering a building or dwelling intending to commit a crime. This is a Class C felony and can result in up to 15 years in prison.
  • Third-degree Burglary involves unlawfully entering a building intending to commit a crime. This is a Class D felony and can result in up to seven years in prison.

If you are facing Burglary charges in New York, it’s crucial to seek the help of an experienced criminal defense attorney. At Viscosi Law, our team of skilled attorneys has the knowledge and experience necessary to defend your rights and interests and achieve the best possible outcome for your case.

We will review all of the evidence against you, conduct our own investigation, and develop a tailored defense strategy designed to achieve the best possible outcome for your case. Contact us today to schedule a consultation and learn more about how we can help you navigate this difficult time.

Definition of Burglary

In New York, Burglary is a criminal offense that involves unlawfully entering a building or dwelling with the intent to commit a crime. The crime can be any criminal offense, such as theft, assault, or vandalism, that the person intended to commit at the time of the entry. To be convicted of Burglary in New York, the prosecution must prove the following elements beyond a reasonable doubt:

  1. The defendant unlawfully entered a building or dwelling;
  2. The defendant had the intent to commit a crime at the time of the entry;
  3. The defendant did not have the right to enter the building or dwelling.

The severity of the Burglary charge can vary based on the circumstances of the offense. In New York, Burglary charges are classified into three degrees, with first-degree Burglary being the most serious offense.

First-degree Burglary involves unlawfully entering a dwelling intending to commit a crime while armed with an explosive or deadly weapon or causing physical injury to another person. Second-degree Burglary involves unlawfully entering a building or dwelling with the intent to commit a crime, and third-degree Burglary involves unlawfully entering a building with the intent to commit a crime.

If you are facing Burglary charges in New York, it’s vital to seek the help of an experienced criminal defense attorney. At Viscosi Law, our team of skilled attorneys has the knowledge and experience to defend your rights and interests and achieve the best possible outcome for your case. Contact us today to schedule a consultation and learn more about how we can help you navigate this difficult time.

Types of Burglary Charges

In New York, Burglary charges are classified into three degrees, with first-degree Burglary being the most serious offense. The severity of the Burglary charge can vary based on the circumstances of the offense. The following are the types of Burglary charges in New York:

First-Degree Burglary

First-Degree Burglary is the most serious And classified as a Class B violent felony. It involves unlawfully entering a dwelling intending to commit a crime while armed with an explosive or deadly weapon or causing physical injury to another person.

To be convicted of First-Degree Burglary in New York, the prosecution must prove the following elements beyond a reasonable doubt:

  1. The defendant unlawfully entered a dwelling;
  2. The defendant intended to commit a crime at the time of the entry;
  3. The defendant was armed with an explosive or deadly weapon or caused physical injury to another person.

Explosive or deadly weapons can include firearms, knives, or other weapons designed to cause serious injury or death. Physical injury is an injury that creates a substantial risk of death causes death, disfigurement, or loss or impairment of a body part or organ.

First-Degree Burglary is a serious offense and can result in up to 25 years in prison, a fine of up to $5,000, or both. A conviction for First-Degree Burglary can have long-term consequences, such as a criminal record that can impact your ability to obtain employment, housing, or financial assistance.

If you are facing First-Degree Burglary charges in New York, it’s important to seek the help of an experienced criminal defense attorney. At Viscosi Law, our team of skilled attorneys has the knowledge and experience necessary to defend your rights and interests and achieve the best possible outcome for your case.

Second-Degree Burglary

Second-Degree Burglary is a criminal offense that involves unlawfully entering a building or dwelling with the intent to commit a crime. It is considered a serious offense and is classified as a Class C felony. To be convicted of Second-Degree Burglary in New York, the prosecution must prove the following elements beyond a reasonable doubt:

  1. The defendant unlawfully entered a building or dwelling;
  2. The defendant had the intent to commit a crime at the time of the entry.

The penalties for Second-Degree Burglary can include up to 15 years in prison, a fine of up to $5,000, or both. Additionally, a conviction for Second-Degree Burglary can have long-term consequences, such as a criminal record that can impact your ability to obtain employment, housing, or financial assistance.

Third-Degree Burglary 

Third-Degree Burglary is a criminal offense that involves unlawfully entering a building with the intent to commit a crime. It is considered a serious offense and is classified as a Class D felony. To be convicted of Third-Degree Burglary in New York, the prosecution must prove the following elements beyond a reasonable doubt:

  1. The defendant unlawfully entered a building;
  2. The defendant had the intent to commit a crime at the time of the entry.

The penalties for Third-Degree Burglary can include up to seven years in prison, a fine of up to $5,000, or both. Additionally, a conviction for Third-Degree Burglary can have long-term consequences, such as a criminal record that can impact your ability to obtain employment, housing, or financial assistance.

How Common are Burglary Charges?

Burglary charges are relatively common in New York, and they account for a significant number of property crime offenses. According to the New York State Division of Criminal Justice Services, there were approximately 22,000 reported incidents of Burglary in 2020. This represents a slight decrease from the previous year but is still significant.

Burglary charges can be classified into three degrees in New York, with First-Degree Burglary being the most serious offense. Second-Degree Burglary and Third-Degree Burglary are also severe offenses and can result in significant penalties.

Burglary charges are typically prosecuted aggressively by law enforcement in New York, and a conviction can have serious consequences, including a criminal record, fines, and imprisonment. As such, it is important to seek the help of an experienced criminal defense attorney if you are facing Burglary charges in New York.

What Happens if You End up With a Felony? 

If you end up with a felony conviction in New York, it can have serious and long-lasting consequences that can impact many areas of your life. Felonies are the most serious criminal offenses in New York and are typically punishable by imprisonment for more than one year.

The specific consequences of a felony conviction in New York can vary based on the severity of the offense and your individual circumstances. However, some of the potential consequences of a felony conviction may include:

  1. Imprisonment: Depending on the severity of the offense, a felony conviction can result in a sentence of several years or even life in prison.
  2. Fines: Felony convictions can also result in substantial fines, which can make it difficult to maintain financial stability.
  3. Loss of Civil Rights: Felons in New York may lose their right to vote, serve on a jury, and possess firearms.
  4. Employment and Housing: A felony conviction can make it difficult to obtain employment and housing, as many employers and landlords conduct background checks that may disqualify individuals with a criminal record.
  5. Immigration Consequences: Non-citizens may face deportation or inadmissibility if they are convicted of certain felonies.
  6. Stigma: A felony conviction can also carry a social stigma that can impact personal and professional relationships.

How Viscosi Law Can Help You With Burglary Charges

Suppose you or a loved one is facing burglary charges in New York. In that case, working with an experienced criminal defense attorney who can protect your rights and build a strong defense strategy is crucial. At Viscosi Law, we understand the gravity of these charges and the impact they can have on your life, which is why we are committed to providing aggressive and effective representation. When you work with Viscosi Law, you can expect:

A Comprehensive Defense Strategy

We understand that every case is unique, so we take the time to get to know you and understand your specific circumstances. Our attorneys will work with you to develop a comprehensive defense strategy that considers the specific charges against you, the evidence in your case, and your goals and priorities.

Thorough Investigation

To build a strong defense, we conduct a thorough investigation of the facts surrounding your case. We will carefully review the evidence against you and work to uncover any inconsistencies or weaknesses in the prosecution’s case.

Aggressive Advocacy

Our attorneys are skilled litigators who are not afraid to fight for your rights in court. We will vigorously advocate on your behalf throughout all stages of the legal process, from pretrial proceedings to trial and sentencing.

Strategic Negotiation

In some cases, it may be possible to negotiate a plea agreement or other favorable resolution to your case. Our attorneys are skilled negotiators who can work with the prosecution to seek the best possible outcome for you.

Compassionate Support

Facing burglary charges can be a stressful and overwhelming experience. At Viscosi Law, we are committed to providing compassionate support to our clients throughout the legal process. We will be there to answer your questions, address your concerns, and provide guidance and support every step of the way.

Our attorneys have extensive experience representing clients facing burglary charges in New York and are dedicated to securing the best possible outcome for your case. We take a personalized approach to each case, working closely with our clients to understand their unique circumstances and develop a defense strategy tailored to their specific needs.

At Viscosi Law, we have a track record of success in representing clients facing burglary charges in New York. We have extensive experience challenging evidence, negotiating with prosecutors, and representing clients in court. Our attorneys will tirelessly protect your rights and secure a favorable outcome for your case.

Let Viscosi Law Represent You

If you are facing criminal charges in New York, you need a strong and experienced legal team on your side to protect your rights and fight for your freedom. At Viscosi Law, we have the expertise and dedication to provide you with the highest level of legal representation.

Don’t wait to seek legal representation if you are facing criminal charges in New York. Contact Viscosi Law today to schedule a consultation and learn more about how we can help you fight your charges. Our attorneys will provide you with the best possible defense, working tirelessly to protect your rights and secure a favorable outcome for your case.

At Viscosi Law, we understand the gravity of criminal charges and the impact they can have on your life. That’s why we take a personalized approach to each case, working closely with our clients to understand their unique circumstances and develop a defense strategy tailored to their specific needs.

Our attorneys have extensive experience representing clients facing various criminal charges in New York, from drug offenses to assault and battery to Burglary and beyond. We are committed to providing aggressive and effective representation to help our clients achieve the best possible outcome for their cases.

Don’t wait another day to get the legal representation you deserve. Contact Viscosi Law today and let us help you fight your criminal charges in New York.

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