Suffolk County Burglary Lawyers

New York courts take burglary charges very seriously. If you’re accused of burglary, one of the most important things you can do is hire a team of skilled Suffolk County criminal defense lawyers who can work to protect your rights and freedoms. Contact Castro & Trodden, LLC for a free initial consultation today.

Burglary Defined Under New York Law

Under New York law, burglary is classified as unlawfully entering or remaining in a building with the intent to commit a crime inside. The offense is outlined in New York Penal Law Article 140, which divides burglary into three degrees based on factors such as whether the building was a dwelling, whether a weapon was involved, and whether injury occurred.

• Burglary in the Third Degree (PL 140.20): This is the least severe burglary charge and applies when a person unlawfully enters or remains in a building with the intent to commit a crime inside. It is a Class D felony.
• Burglary in the Second Degree (PL 140.25): This charge applies when the burglary occurs in a dwelling (a place where people sleep), or if the accused was armed, caused physical injury, used or threatened the use of a weapon, or had an accomplice. It is a Class C violent felony.
• Burglary in the First Degree (PL 140.30): The most serious burglary charge; this applies when the offense occurs in a dwelling and the accused was armed, injured someone, or displayed a weapon. It is a Class B violent felony.

Regardless of the degree, a burglary charge in New York is a felony, meaning a conviction carries the possibility of prison time and long-term consequences. For this reason, it’s paramount that you hire a team of competent Suffolk County criminal defense lawyers to represent you from the start.

The Penalties for Burglary Charges in NYS

The penalties for a burglary conviction in New York vary depending on the degree of the charge, prior criminal history, and the specific circumstances of the case.

• Burglary in the Third Degree (Class D felony): Punishable by up to 7 years in prison, though a first-time offender may receive probation or a lesser sentence.
• Burglary in the Second Degree (Class C violent felony): Punishable by a mandatory minimum of 3.5 years and up to 15 years in prison. A conviction will also include post-release supervision.
• Burglary in the First Degree (Class B violent felony): The most serious burglary charge, carrying a mandatory minimum of 5 years and up to 25 years in prison.

A burglary conviction can also result in substantial fines, probation, restitution, and a permanent criminal record, which can impact future employment and housing opportunities. Because burglary is often classified as a violent felony, individuals convicted may be subject to New York’s Persistent Felony Offender Law, which can lead to even harsher penalties for repeat offenders.

Potential Defenses Against Burglary Charges

Being charged with burglary does not automatically mean a conviction. There are several defense strategies that a skilled criminal defense attorney may use to fight the charges, including the following:

• Lack of Intent: The prosecution must prove that you intended to commit a crime inside the building. If intent cannot be established, the charge may not stand.
• Lawful Presence: If you had permission or legal authority to be in the building, you cannot be guilty of burglary. This often arises in cases of misunderstandings or disputes over property access.
• Mistaken Identity: Burglary cases often rely on witness testimony or surveillance footage, both of which can be unreliable. If there is a case of mistaken identity, your lawyer can challenge the evidence.

Contact Our Long Island Burglary Defense Lawyers

Don’t face serious burglary charges alone–contact the knowledgeable and skilled Suffolk County burglary defense lawyers here at Castro & Trodden, LLC for a free consultation today. We’re here to protect your rights and future.