Burglary Defense Lawyer in the Bronx
Dedicated to Fighting Your Criminal Charges
Burglary is a serious theft crime that can result in severe consequences if convicted. If you are charged with this offense, it is imperative that you enlist the representation of a skilled Bronx criminal defense attorney as soon as possible.
At The Law Offices of Elliot S. Kay, we have years of experience providing competent legal counsel to individuals charged with crimes. Having represented thousands of clients, our lawyer knows what it takes to mount an effective defense and challenge the prosecutor’s evidence. When you turn to us, we will use our knowledge and courtroom advocacy skills to work toward a favorable outcome on your behalf.
Get started on your defense today by calling us at (646) 759-9233. We offer a free initial consultation.
What Is Burglary?
Generally defined, burglary involves unlawfully entering or remaining in a building or home with the intent to commit a crime. For instance, if a person goes into their neighbor’s house to steal their television, they could be charged with this offense.
Although this example refers to a theft crime, that is not the only one that could lead to a burglary charge. New York’s statutes concerning this offense state that a person violates the law when they enter a place with the “intent to commit a crime.” It does not specify the type of intended offense.
Although burglary is often used interchangeably with robbery, they are two separate offenses. A person commits burglary when they enter a place with the intent to commit a crime. Robbery, on the other hand, occurs when someone forcibly takes another person’s property. It is important to note that many burglary cases also involve other crimes and that our experienced firm has obtained not guilty verdicts in both felony and misdemeanor cases.
Three Degrees of Burglary in New York
New York law classifies burglary into three different degrees.
They are defined as follows:
- First-degree burglary occurs when you enter a dwelling and you have an explosive or deadly weapon, display what appears to be a firearm, use or threaten to use a dangerous instrument, or cause physical harm to another person. First-degree burglary is a Class B Felony and, if convicted, you could face 25 years in prison.
- Second-degree burglary occurs when someone carries an explosive or deadly weapon, displays what appears to be a firearm, uses or threatens to use a dangerous instrument, or causes physical harm to someone else in a property where people do not live. This is a Class C Felony and a conviction can result in 15 years in prison.
- Third-degree burglary may be charged when your crime does not fit the criteria of first- or second-degree, but you are suspected of knowingly entering or remaining unlawfully in a building with the intent to commit a crime. It is a Class D Felony and, if you’re convicted, you may face up to 7 years in prison.
Common Burglary Defense Strategies
When you’re charged with a crime, the prosecutor is tasked with proving beyond a reasonable doubt that you’re guilty. Although they may have evidence to support their accusations, that does not mean that it’s strong enough for them to meet their burden. Depending on your circumstances, various defenses could be raised in your case.
Some common burglary defense strategies include:
- Mistaken identity
- Owner’s consent to enter the property
- No intent to commit a crime
Enlist the Assistance of a Bronx Burglary Defense Attorney
If you have been arrested for and charged with any degree of burglary in the Bronx, it is important to obtain skilled legal defense. Our Bronx burglary attorney from The Law Offices of Elliot S. Kay can help you defend your rights and protect your interests.