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Last Updated on: 18th October 2023, 09:02 am
If you or a loved one have been arrested for burglary in Queens, NY, you need an experienced criminal defense attorney on your side. Burglary charges are serious business and can result in years behind bars if not handled properly. Don’t go it alone against the power of the state – get yourself a top-notch Queens burglary lawyer to even the odds.
In this article, we’ll walk you through everything you need to know about burglary charges in Queens, from common defenses to finding the right lawyer for your case. We’ve dug into the specifics of NY burglary law and talked to real criminal attorneys practicing in the borough to give you the inside scoop. Read on for the down-low on battling burglary raps in the Big Apple’s largest borough.
Under New York penal code, burglary occurs when an individual knowingly enters or remains unlawfully in a building with intent to commit a crime inside . It’s basically breaking and entering plus criminal purpose. The crime doesn’t have to be successful, just intended.
There are 3 degrees of burglary charges in NY:
Penalties get harsher as the degree goes up. A 3rd degree burglary conviction can mean 2 to 6 years in prison. 2nd degree is 5 to 15 years. And 1st degree can get you 10-25 years behind bars .
With that kind of time on the line, you need a top shelf defense attorney to fight the charges. The prosecution takes these cases very seriously, so you can’t afford to wing it on your own. Hire a battle-tested Queens burglary lawyer to even the playing field.
Not all criminal defense attorneys are created equal. When your freedom’s on the line, you need more than just any old lawyer – you need the absolute best. Here’s what to look for in identifying a truly great Queens burglary attorney:
It also pays to sit down with the lawyer for a free initial consultation before hiring them. This lets you get a feel for their experience, style and commitment to your case. If your personalities don’t mesh or they can’t explain your defense strategy clearly, it may be best to keep looking. The lawyer-client relationship is crucial, so find someone you feel comfortable with.
Now let’s get into the nitty gritty of building a solid burglary defense in Queens courts.
There are a number of effective defense strategies skilled Queens burglary lawyers employ to fight the charges. Here are some of the most common legal arguments to beat a burglary case:
Remember, burglary requires prosecutors to prove you entered with intent to commit a crime inside. If you can show you had no criminal purpose, it punches a major hole in their case. Maybe you entered the building by mistake or to seek shelter from the cold. There are many scenarios where intent could be lacking.
It’s not burglary if the owner grants you permission to enter the premises. For example, if you had an agreement with the landlord to do repairs or construction in the building. Consent destroys the illegal entry element of the crime.
In NY, burglary requires unlawful entry into a “building.” But if a structure is abandoned and completely open, it may no longer qualify as a building in the legal sense. No building, no burglary. Pretty slick!
Police make mistakes too. If cops didn’t follow proper protocol in arresting you, like reading your Miranda rights, your lawyer can challenge the legality of the arrest and any evidence collected as a result. This applies to unlawful searches as well.
It happens – you get fingered for a burglary you didn’t commit. An eyewitness fingers the wrong guy or someone outright lies to frame you. Your attorney’s job is to expose inconsistencies and cast doubt on the accusations. Juries hate convicting on shaky evidence.
Those are just a few examples of defenses a crafty Queens burglary lawyer may employ to beat the charges. There are many more depending on the specifics of your case.
Of course, not every case goes to trial. An experienced attorney will pursue alternative resolutions that avoid the risk of trial while still securing you the best possible outcome. Two common options are:
Your lawyer negotiates with the DA to plead guilty to a lesser charge in exchange for a lighter sentence or dropped charges. Not ideal, but sometimes necessary to avoid massive prison time.
For first-time and non-violent offenders, diversion programs like drug treatment or community service may allow charges to eventually be dismissed. No trial, no jail time.
A top-flight Queens burglary lawyer will advise you on all potential options and work tirelessly to achieve the best resolution given the circumstances. Don’t leave your fate to chance – hire a pro.
Now you’ve got the scoop on battling burglary charges in Queens from top to bottom. You know the common defenses, how to identify a great lawyer, and alternative paths to avoid trial. The next step is to use this knowledge to find the right attorney for your specific case.
Every case is unique, so take your time and do your due diligence in choosing a lawyer. Schedule consultations, check credentials, and trust your gut feeling during interactions. This is a decision that can massively impact the outcome, so give it the weight it deserves.
And once you’ve found the perfect burglary lawyer for you? Breathe that sigh of relief knowing you’ve got an experienced pro fighting in your corner. They’ve battled the Queens DA countless times before, so lean on their expertise. With a top-notch lawyer on the case, you’ve given yourself the best possible chance at beating the charges and moving forward with your life.
You got this! It ain’t over til it’s over.
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