Burglary is considered a very serious crime in the state of New York that can have life-altering consequences. If you have been charged with burglary, it's important to seek the counsel of an experienced criminal defense attorney. At the Law Office of Scott Iseman, we understand the complexities of burglary cases, and we will work tirelessly to safeguard your legal rights and defend your case.
Call the Law Office of Scott Iseman today at (518) 886-3368 or contact us online to schedule a consultation with our burglary lawyer in Saratoga Springs.
What is Burglary?
Burglary is a serious criminal offense under New York law, encompassing the act of unlawfully entering a building, dwelling, or property with the intent to commit a crime, typically theft or another felony, once inside. This crime is not limited to theft alone; even if no theft or felony occurs, the act of entering a property with criminal intent can result in burglary charges. The essence of burglary lies in unlawful entry with the intention to commit a crime, making it distinct from other offenses like trespassing.
What are the Penalties for Burglary in New York?
Burglary charges in New York carry severe consequences, both in terms of legal penalties and long-lasting impact on your personal and professional life. The penalties for burglary depend on various factors, including the degree of burglary, the circumstances surrounding the case, and the defendant's criminal history. New York classifies burglary into three degrees:
- Third-Degree Burglary: This is a Class D felony, which can result in up to seven years of imprisonment. It applies when an individual unlawfully enters or remains in a building with the intent to commit a crime.
- Second-Degree Burglary: This is a Class C felony, bearing a potential sentence of up to 15 years in prison. It includes cases where a person enters or remains in a building with the intention to execute a crime and is armed with a deadly weapon, causes physical injury, or uses or threatens the use of a dangerous tool.
- First-Degree Burglary: This is the most serious degree of burglary, classified as a Class B felony. It can result in a sentence of up to 25 years in prison. First-degree burglary applies in situations where an individual enters or stays in a building with the intention to execute a crime and is armed with a deadly weapon, causes serious physical injury to a non-participant, or displays a firearm.
Defenses Against Burglary Charges
Some potential defenses against burglary charges include:
- Lack of Intent: Proving intent is essential for a burglary conviction. If we can demonstrate that there was no criminal intent at the time of entry or that the intent was not to commit a crime, we may be able to challenge the charges.
- Consent: If you had permission to enter the property, it could be a valid defense against burglary charges.
- Mistaken Identity: If there is a matter of mistaken identity or insufficient evidence linking you to the crime, we will rigorously investigate and present this as part of your defense strategy.
- Illegal Search and Seizure: If your rights were violated during the investigation, such as an unlawful search and seizure, evidence obtained may be inadmissible in court.
Contact Our Burglary Lawyer in Saratoga Springs Today
Our priority is to acquire the best possible outcome for our clients. At the Law Office of Scott Iseman, we understand that being charged with burglary can be a frightening and confusing experience. That's why we are committed to providing our clients with the support and guidance they need to navigate the legal system with confidence. We are here to help answer your questions, address and handle your concerns, and provide you with the legal representation you need to succeed.
Contact the Law Office of Scott Iseman today to get started with our Saratoga Springs burglary attorney.