Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Last Updated on: 13th October 2023, 06:20 am
New York Penal Law §140.30 defines the crime of Burglary in the First Degree, which is the most serious degree of burglary offense in New York. This article provides a comprehensive overview of this law – what constitutes Burglary First Degree, the elements that must be proven, defenses, penalties, and more.
Burglary First Degree is committed when a person knowingly and unlawfully enters or remains in a dwelling with the intent to commit a crime inside, and either:
So in summary, Burglary First Degree involves illegally entering a home, being armed or causing injury, and intending to commit another crime inside. It is a Class B violent felony.
For a prosecutor to convict someone of Burglary First Degree, they must prove these elements beyond a reasonable doubt:
Here are some real world examples of acts that could lead to a Burglary First Degree charge:
Some potential defenses to Burglary First Degree charges include:
Burglary First Degree is a Class B felony, which carries the following penalties:
Other related burglary offenses in New York include:
Burglary does not require anything be stolen, unlike larceny or robbery charges. But burglary, larceny, and other theft charges can be brought together when appropriate based on the crime committed.
In some cases, Burglary First Degree may also constitute a federal crime, such as:
Federal charges may run consecutively with state charges.
If you have been charged with Burglary First Degree or any other burglary offense in New York, it is critical to consult with an experienced criminal defense attorney immediately. An attorney can assess the details of your case and build the strongest defenses. They can also negotiate with prosecutors for reduced charges or sentencing leniency when possible. Don’t wait to get legal help – a skilled lawyer can make all the difference in achieving the best resolution to your case. Many offer free consultations, so contact a local criminal defense lawyer today.
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