Westchester Attorneys Ready To Fight For You
Westchester County Burglary Lawyer
Defending Clients Facing Burglary Charges in New York
At Riebling & Payton, PLLC, we are dedicated to providing expert legal counsel to individuals facing criminal charges in Westchester County. Our team of attorneys specializes in various areas of criminal defense, including burglary cases. If you or a loved one is facing burglary charges, having a skilled Westchester County burglary lawyer on your side is crucial.
Call Riebling & Payton, PLLC today at (914) 712-6878 or contact us online to schedule a meeting with our burglary attorney in Westchester County!
What is Burglary?
Burglary is a serious criminal offense in New York, and understanding the legal definition is the first step in building a solid defense. Under New York law, burglary is considered unlawfully entering or remaining in a building intending to commit a crime inside. The crime inside the building does not necessarily have to be theft or robbery; it can include any criminal activity, such as assault or vandalism.
There are different degrees of burglary in New York, each with varying elements and potential penalties:
- First-Degree Burglary: First-degree burglary is the most severe and is typically charged when certain aggravating factors are present. These factors include using or displaying a deadly weapon, causing physical injury to another person, or breaking into a dwelling with the knowledge that it is occupied. First-degree burglary is a Class B felony and can result in significant prison time upon conviction.
- Second-Degree Burglary: Second-degree burglary involves unlawfully entering or remaining in a building intending to commit a crime, but it lacks the aggravating factors associated with first-degree burglary. This offense is a Class C felony with substantial penalties, including imprisonment.
- Third-Degree Burglary: Third-degree burglary is a Class D felony charged when the defendant unlawfully enters or remains in a building intending to commit a crime inside. This degree of burglary typically applies when the building is not a dwelling and lacks the aggravating factors found in first-degree burglary.
Understanding the specific degree of burglary you or your loved one is charged with is crucial, as it will significantly impact the potential consequences.
What are the Penalties for Burglary in New York?
The penalties for burglary convictions in New York can be severe and life-altering. These consequences may include:
- Imprisonment: Convictions for first-degree burglary can lead to significant prison sentences, ranging from several years to decades.
- Fines: Defendants may be required to pay substantial fines, which can vary based on the degree of burglary and the case's specific circumstances.
- Criminal Record: A burglary conviction can result in a permanent criminal record, affecting employment, housing, and other aspects of life.
- Probation: In some cases, probation may be offered as an alternative to imprisonment, but it comes with strict conditions that must be followed.
- Restitution: Defendants may be ordered to pay restitution to the victim to cover damages resulting from the burglary.
Given the severe consequences associated with burglary convictions, it is crucial to have a skilled Westchester County burglary lawyer on your side who can work to protect your rights and build a strong defense strategy.
Defenses Against Burglary Charges
Building a robust defense against burglary charges requires a deep understanding of the law and the specific circumstances of each case. Our experienced attorneys at Riebling & Payton, PLLC can explore various defense strategies, including but not limited to:
- Lack of Intent: If the prosecution cannot prove that the defendant intended to commit a crime when entering the building, it may be possible to argue for a lack of intent, a critical element of burglary.
- Mistaken Identity: The wrong person may be accused of burglary. Our legal team can work to establish an alibi or provide evidence that supports the defendant's innocence.
- Unlawful Search and Seizure: If law enforcement violated the defendant's Fourth Amendment rights during the investigation, evidence obtained through an illegal search and seizure may be suppressed in court.
- Consent: If the defendant had consent or permission to enter the building, it may serve as a valid defense against burglary charges.
- Duress: A duress defense may apply if the defendant was forced or threatened to commit the burglary.
Our Westchester County burglary lawyers will meticulously examine the details of your case to determine the most effective defense strategy. We understand that every case is unique and are committed to advocating for your rights and pursuing the best possible outcome.
Contact Our Westchester County Burglary Attorney Today
Facing burglary charges in Westchester County can be a daunting and overwhelming experience. The consequences of a conviction are serious, and it's crucial to have a skilled and experienced attorney on your side. At Riebling & Payton, PLLC, we are dedicated to providing aggressive legal representation to individuals charged with burglary.
Our team of Westchester County burglary lawyers has a deep understanding of New York's criminal laws, and we are committed to protecting your rights and building a solid defense. If you or a loved one is facing burglary charges, don't hesitate to contact us for a confidential consultation. We will work tirelessly to provide you with the best possible legal representation and strive for a favorable outcome in your case. Your future and freedom are too important to leave to chance.
Contact Riebling & Payton, PLLC, today to schedule a consultation with our burglary lawyer in Westchester County!