Is Burglary a Felony in Long Island
In the Long Island law, burglary is a classified as a felony charge. There are many other types of charges concerning trespass such as the defiant trespass that is often considered as a misdemeanor in Long Island law. However, burglary is not a crime that is classified not less than a second-degree felony. Burglary is often graded as a second or first degree depending on whether the property that was trespassed was a commercial or residential property including the presence of someone of the occurrence.
Burglary is classified as a first-degree felony when:
• The burglary was done in a structure or house adopted for accommodation during the night or
• A person was present at the time the incident occurred
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If burglary was a store or any other commercial property and no one was present during the occurrence of the incident, then it will be classified as a second-degree felony. The manner used to conduct the burglary has no bearing on grading the charges. Even if the person was armed or not does affect the gradation of the burglary charges, there are no requirements that the burglary involved breaking or entering the premises or property.
Any defendant who gained access to a structure or building by way of trick or deceit is also liable for a first-degree felony even if they never used any form of force to enter the structure or building. Even if these charges involve gaining access to a structure or building, it is possible for a defendant to face charges concerning burglary if he breaks into a gated community or a commercial lot with the intention to compel a crime.
What is Burglary in Long Island
The words robbery and burglary can be used interchangeably. However, the two are different crimes in the law. Burglary has everything to do with committing the crime in an occupied structure or building. On the other hand, robbery involves taking someone else’s property. It is, therefore, possible to commit both burglary and robbery simultaneously because someone can unlawfully gain access to a building or structure with the intention of committing robbery. In such cases, the defendant must be charged with both burglary and robbery.
For you to convict a defendant for burglary, the prosecutor must prove beyond doubt that:
• The defendant gained access to the structure or building without permission and
• The defendant also had the intention to commit a crime in the building or structure at the time of entry.
The intention to commit a crime in the burglary statute element is satisfied by proving that the defendant accessed the structure or building with the intention to commit a crime. Commonwealth doesn’t have to prove that the defendant had the intention of stealing or committing any crime. You can be found guilty of burglary even if you never had the intention to steal anything in someone house if you break in to assault the person. The prosecution will also prove that the defendant intended to steal something without proving that they wanted to steal other than the entry itself.
Defense to Burglary Charges
Many defenses are available for charges regarding burglary cases. Our Long Island lawyers have defended numerous burglary cases from the pre-trial motion to a full trial. Every case is different from the other. However, potential defenses to such charges often include:
• Sufficiency of Evidence: The law requires that the prosecutor proves the charges beyond reasonable doubt. On many occasions, it is possible to challenge the intention to commit any form of crime in the statute. You can prove burglary with more than the just entry.
• Abandonment: The burglary statute provides abandonment defense. You cannot be convicted if you abandoned the property.
• Open to the Public: Burglary requires that the prosecutor must show that the defendant had no permission to access the structure or building. If you enter a structure with permission to commit a crime, it is not regarded as a crime.
The Long Island Burglary Defense Attorneys have enough experience as well as a proven track record of success to defend you against burglary charges as well as other charges such as theft and criminal trespass. When you chose to get our services, we will always use our unparalleled attention and experience to defend you. You can lose valuable evidence such as camera footage due to delay.