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What to Expect With Burglary Charges in New York State

Posted by Daniel DuBois | Oct 14, 2022 | 0 Comments

Welcome back to our blog here rat DuBois Law. Our blog is meant to serve as a way to help the residents onf WNY understand some parts of the legal system and to keep people informed of their rights. If you've been arrested or accused of a crime, the best thing you can do is contact an experienced criminal defense attorney. 

As a seasoned Buffalo defense firm, DuBois Law is uniquely positioned to get you the best outcome possible for your case. Today, let's take a look at burglary charges and what to expect if they've been levied against you.

New York Defense Attorney Explains: Burglary Charges

Possession of Burglary Tools is a charge where the suspect is accused of having the necessary items to facilitate a burglary. It refers to tools that can facilitate the entry of a building, vehicle, or dwelling and take property. Possession of burglary tools is a Class A Misdemeanor, which is a criminal offense. A conviction for this offense will result in a criminal record and could mean up to a year in jail.

Burglary in the Third Degree is a Class D Violent Felony.  It's punishable by up to 7 years in prison. An act is considered burglary in the third degree when someone unlawfully remains on another's property or premises with the intent of committing another crime. 

Burglary in the Second Degree is a Class C Violent Felony that's punishable by up to 15 years in a state penitentiary. A burglary gets raised into the 2nd degree when a person unlawfully enters and remains in a building with the intent of doing a crime while armed with a weapon. It can also get elevated by the person physically injuring someone.

Burglary in the First Degree is a Class B Felony that can result in a sentence of up to 25 years in a state facility. The burglary charge gets upgraded to the first degree if a person enters a dwelling unlawfully and, as a crime is being committed, someone is injured - or if that person possesses a weapon or explosive.

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS, AND THE OUTCOME OF YOUR PARTICULAR CASE OR MATTER CANNOT BE PREDICTED USING A LAWYER'S OR LAW FIRM'S PAST RESULTS. EACH CASE IS UNIQUE AND SHOULD BE EVALUATED THROUGH A PHONE CALL OR MEETING WITH DANIEL DUBOIS, WITHOUT COMPARISON TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.

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​​If you find yourself being charged, we understand it's stressful. Here at DuBois Law, we understand, we never judge. Check out our FAQ page if you're unsure about needing a NY lawyer to represent you and defend your innocence. We think it's always worth it, and the first consultation is free. 

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