Burglary Criminal Defense Attorney
Have you been charged with burglary in Upstate New York? A burglary conviction is a felony conviction, which can result in prison time, parole and/or probation. Saratoga Springs criminal defense attorney Andrew DeLuca is ready to aggressively fight for you and protect your rights.
Burglary is commonly associated with theft, however in New York State, no theft needs to occur in order for it to be charged. Criminal defense lawyer Andrew DeLuca understands the challenge that accused face in burglary cases. Frequently individuals charged with burglary are just merely trespassing. Mr. DeLuca will thoroughly investigate every aspect of your case and strongly defend you against your burglary charges.
The Law Office of Andrew DeLuca serves clients in the greater Capital District area including, but not limited to Albany, Amsterdam, Glens Falls, Latham, Saratoga Springs, Schenectady and Troy NY.
Burglary Charges in New York State
In New York State Penal Code there are three specific burglary charges of varying degrees, along with related charges such as possession of burglar’s tools. Criminal Trespassing is a similar charge that can be used when an individual knowingly enters or remains unlawfully on property. The difference between Burglary and Criminal Trespass is that, in order for a Burglary charge to hold up, the prosecution must show that the individual intended to commit an additional crime while trespassing.
Burglary in the third degree
Burglary in the 3rd degree is class D felony, an offense that can result in jail time up to 7 years. This is charged when a person knowingly enters or remains unlawfully in a building with intent to commit a crime.
Burglary in the second degree
Burglary in the 2nd degree is a class C felony, which is a serious offense that is punishable by up to 15 years in prison. This is levied at individuals when they have unlawfully enter an establishment with a weapon, causes injury, uses or threatens to use the weapon or if burglary occurs within a dwelling, a place where a person resides or sleeps overnight, it is a second degree offense.
Burglary in the first degree
Burglary in the 1st degree is a class B felony, a very grave charge that is punishable up to 25 years in prison. This charge is commonly used for home invasions.
This offense combines both of the aggravating factors in the Burglary in the Second Degree charge. That is to say the burglary happened at a dwelling armed and with a deadly weapon, causing injury to a non participant of the burglary, or threatening to use the weapon.
Hiring an experienced defense lawyer for Burglary in the first degree is extremely important. There are defenses available that criminal attorneys can use to get your charges reduced.
Consequences of a Felony Conviction
A felony conviction in most cases results in prison time, reduced employment options, and loss of freedoms after incarceration. Learn more about New York felony charges. An experienced criminal defense lawyer can properly analyze the case information and know how the law applies to your situation and use it to get the best outcome for your case.
Contact a Criminal Defense Attorney
It is rare to be charged with a single count of burglary or even only with burglary. Most likely you’ll be facing multiple charges and will need a strong New York criminal attorney by your side to reduce or mitigate the charges to avoid a serious felony conviction and jail time.
Contact Capital Region Attorney Andrew DeLuca for a free consultation at 518-245-9109 or by filling out the form below. We’re are here to help.