Orange County NY Burglary Attorney

Legally speaking, burglary can be a complicated crime as it is fairly similar to other crimes such as larceny and robbery. However, while larceny and robbery typically (not always) involve the taking of property from another person, burglary is the unwarranted trespassing on property with the goal of committing a crime (taking property, usually). Burglary in Orange County, NY, is a felony, and if you or a loved one has been charged or is under investigation for burglary, it is crucial that you find an experienced and hardworking Orange County NY burglary attorney who will work tirelessly for your innocence and freedom.

What is Burglary in New York?

Under New York penal code, there are several definitions regarding burglary and criminal trespassing. It is important to remember the difference between criminal trespassing and burglary. Although it is a crime to trespass on another’s property, a more-severe burglary charge may occur if the prosecution can prove, beyond a reasonable doubt, that you committed a crime or intended to commit a crime while trespassing. The most apparent example of burglary, therefore, is breaking into another’s house and taking the house owner’s property. In this example, there is a.) trespassing in the house and b.) taking property.

Also, according to the law, there are several types of burglary charges, including:

• Burglary in the third degree is essentially the act of criminal trespass with the intent to commit a crime therein, and it is a Class D felony punishable by the possibility of up to seven years imprisonment
• Burglary in the second degree may occur if the alleged offender is armed with explosives or a dangerous weapon, causes physical injury, threatens immediate use of a dangerous weapon, displays what appears to be firearm, or enters a “dwelling.” Burglary in the second degree is a Class C felony punishable by the possibility of up to 15 years imprisonment
• Burglary in the first degree may occur if the alleged offender is armed with explosives or deadly weapons, causes physical injury, uses or threatens use of a dangerous weapon, or displays what appears to be a firearm. Burglary in the first degree is a Class B felony punishable by the possibility of up to 25 years imprisonment.

Intent to Commit a Crime

Criminal trespassing is a misdemeanor, and as mentioned before, one of the main differences between trespassing and felonious burglary is the intent to commit a crime. As such, the prosecution must prove, beyond a reasonable doubt, that the alleged offender had entered the property with the intent to commit the crime. This doesn’t mean that the prosecution has to prove what the defendant was thinking, nor does the defendant actually have to commit the crime to be charged with burglary.

For a Free Consultation, Contact the Law Office of Benjamin Greenwald

The broad legal definitions related to burglary makes it fairly easy for innocent individuals to be charged with felonious burglary. Therefore, it takes a knowledgeable and experienced burglary attorney to confront the prosecution’s narrative and evidence with stronger claims and stringent diligence.

We at the Law Office of Benjamin Greenwald have successfully represented hundreds of individuals charged with burglary, and we are fully prepared to fight for your freedom and give justice to your case. We serve clients in Orange County, NY, and the surrounding areas. Call our New Windsor law office today at (845) 567-4820 for a free consultation.