NYC Burglary Lawyer: Protecting Your Rights Against Burglary Charges

When facing burglary charges in New York City, having strong legal representation can make a crucial difference in the outcome of your case. At Cedeño Law Group, PLLC, we provide comprehensive defense strategies for individuals charged with burglary across all five boroughs of NYC. Our burglary lawyers understand that a burglary charge can severely impact your future, affecting everything from employment opportunities to housing options. We work tirelessly to protect your rights and pursue the best possible resolution for your case. Contact us today to protect your rights.

Burglary Charges We Defend Against

At Cedeño Law Group, PLLC, our burglary lawyers defend cases under New York Penal Law Article 140, which defines the specific degrees of burglary charges. Let us explain the exact charges as they’re written in New York State law:

First-Degree Burglary (NY PL § 140.30)

Under New York law, first-degree burglary is defined as entering or remaining unlawfully in a dwelling with intent to commit a crime, and the accused either: (1) is armed with explosives or a deadly weapon; (2) causes physical injury to any person who is not a participant; (3) uses or threatens immediate use of a dangerous instrument; or (4) displays what appears to be a firearm. This Class B violent felony carries a mandatory minimum sentence of 5 years and a maximum of 25 years in state prison.

Second-Degree Burglary (NY PL § 140.25)

Second-degree burglary involves unlawfully entering or remaining in a building with intent to commit a crime, plus one of these factors: (1) the building is a dwelling; (2) the accused is armed with explosives or a deadly weapon; (3) causes physical injury to a non-participant; (4) displays what appears to be a firearm; or (5) threatens immediate use of a dangerous instrument. As a Class C violent felony, it carries a minimum sentence of 3.5 years and a maximum of 15 years.

Third-Degree Burglary (NY PL § 140.20)

This statute defines third-degree burglary simply as knowingly entering or remaining unlawfully in a building with intent to commit a crime therein. As a Class D felony, it carries no mandatory minimum but has a maximum sentence of 7 years in prison.

Our burglary defense lawyer team understands the specific elements prosecutors must prove for each degree of burglary. We meticulously examine every aspect of the allegations against our clients, from challenging the prosecution’s evidence of unlawful entry to questioning proof of criminal intent. For instance, in dwelling cases, we often investigate whether the structure legally qualifies as a dwelling under New York law, which can significantly impact the severity of charges.

Additionally, we defend against related charges that often accompany burglary allegations:

• Criminal Trespass (NY PL § 140.10): Often charged alongside or as a lesser included offense of burglary when intent to commit a crime cannot be proven.
• Possession of Burglary Tools (NY PL § 140.35): A Class A misdemeanor that requires proof the tools were possessed under circumstances evincing an intent to use them in a burglary.

How Our NYC Burglary Lawyers Can Help Protect Your Rights

At Cedeño Law Group, PLLC, we provide comprehensive legal defense for individuals facing burglary charges throughout New York City. Our burglary lawyers understand the complexities of New York’s criminal justice system and work diligently to protect your rights at every stage of your case.

• Case Evaluation: Our burglary lawyers conduct a thorough review of your case, examining police reports, witness statements, and evidence to identify potential weaknesses in the prosecution’s arguments and develop effective defense strategies.
• Constitutional Rights Protection: We carefully scrutinize all aspects of your arrest and evidence collection to ensure law enforcement respected your constitutional rights, challenging any violations that could affect your case outcome.
• Evidence Analysis: Our burglary defense lawyer team meticulously examines surveillance footage, forensic evidence, and witness testimonies to build a strong defense and identify inconsistencies in the prosecution’s case.
• Strategic Defense Planning: We develop customized defense strategies based on the specific circumstances of your case, considering factors like property type, alleged intent, and presence of aggravating circumstances.
• Negotiation Management: Our burglary lawyers engage in strategic negotiations with prosecutors to pursue reduced charges, alternative sentencing options, or case dismissal when appropriate.
• Court Representation: We provide aggressive courtroom advocacy, presenting compelling arguments and challenging evidence to protect your interests throughout the legal proceedings.
• Documentation Handling: Our team manages all necessary legal paperwork, ensuring proper filing of motions, responses, and other critical documents while meeting all court deadlines.
• Communication Support: We maintain clear, consistent communication throughout your case, explaining legal options, potential outcomes, and defense strategies in straightforward terms.
• Alternative Resolution Exploration: When beneficial, we investigate and pursue alternative resolution options like diversion programs or treatment courts that could help avoid traditional criminal penalties.
• Post-Resolution Guidance: Our burglary lawyers provide assistance with post-case matters, including guidance on record sealing options and addressing collateral consequences of criminal charges.

At Cedeño Law Group, PLLC, we’re committed to providing strong, effective defense representation for individuals facing burglary charges. Contact our NY criminal defense lawyers today to learn how our experienced legal team can help protect your rights and work toward the best possible outcome in your case.

What To Do After Being Charged with a Burglary Crime in NYC

If you’ve been charged with burglary in New York City, taking the right steps immediately after your arrest can significantly impact your case outcome. At Cedeño Law Group, PLLC, our burglary lawyers recommend the following essential actions to protect your rights and strengthen your defense:

• Exercise Your Right to Remain Silent: Avoid discussing your case with anyone except your burglary lawyer, as anything you say can be used against you by law enforcement or prosecutors in court.
• Document Everything: Write down all details about your arrest, including the time, location, officer names, and any witnesses present while the events are fresh in your memory.
• Preserve Evidence: Keep all paperwork related to your arrest, including bail documents, court notices, and any property receipts provided by law enforcement.
• Avoid Social Media: Refrain from posting anything about your case on social media platforms, as prosecutors can use these posts as evidence against you.
• Contact a Burglary Defense Lawyer: Secure legal representation before speaking with law enforcement or prosecutors about your case to ensure your rights are protected.
• Attend All Court Dates: Make note of and appear at every scheduled court appearance, as missing court dates can result in additional charges and complications.
• Gather Supporting Documents: Collect any materials that might support your defense, such as work records, receipts, or communications that could establish an alibi.
• Follow Release Conditions: If released on bail, strictly adhere to all conditions set by the court to avoid compromising your case.
• Record Witness Information: Note the names and contact information of anyone who might have information relevant to your case or who could testify on your behalf.
• Maintain Employment: Continue working if possible, as employment stability can positively influence how judges and prosecutors view your case.

At Cedeño Law Group, PLLC, our burglary lawyers are ready to guide you through each of these steps and develop a strong defense strategy for your case. Contact us immediately after being charged to ensure the best possible protection of your rights and interests.

The Criminal Defense Process for a Burglary Case

At Cedeño Law Group, PLLC, we guide our clients through every stage of their burglary defense case. Our burglary lawyers ensure you understand each phase of the legal process while we work to protect your rights and pursue the best possible outcome.

• Initial Consultation: Our burglary lawyers meet with you to review your case details, explain your rights, and outline potential defense strategies based on the specific circumstances of your arrest.
• Case Investigation: We conduct a comprehensive review of evidence, including police reports, surveillance footage, witness statements, and physical evidence to identify strengths and weaknesses in the prosecution’s case.
• Arraignment Preparation: Your burglary defense lawyer represents you at the arraignment hearing, where charges are formally presented and we enter an initial plea on your behalf.
• Discovery Phase: We obtain and analyze all evidence the prosecution has against you, including reviewing body camera footage, forensic reports, and witness statements to build your defense strategy.
• Motion Filing: Our burglary lawyers prepare and file critical pre-trial motions, which may include challenges to evidence collection, suppression of statements, or dismissal requests based on legal grounds.
• Plea Negotiations: We engage in strategic discussions with prosecutors to explore potential plea arrangements or alternative resolutions that could result in reduced charges or penalties.
• Grand Jury Proceedings: For felony burglary cases, we prepare for and navigate the grand jury process, potentially presenting evidence or arranging for testimony that could prevent an indictment.
• Pre-Trial Hearings: Your burglary defense lawyer argues crucial motions and challenges evidence during suppression hearings, which can significantly impact the strength of the prosecution’s case.
• Trial Preparation: If proceeding to trial, we develop compelling defense strategies, prepare witnesses, gather evidence, and craft persuasive arguments to present to the jury.
• Trial Representation: Our burglary lawyers provide aggressive courtroom advocacy, challenging prosecution evidence, cross-examining witnesses, and presenting your defense to the judge or jury.

Get Help With Your NYC Burglary Defense

Time is critical when facing burglary charges in New York City. At Cedeño Law Group, PLLC, our burglary lawyers are ready to begin building your defense strategy immediately. Contact our Manhattan office today for a confidential consultation to discuss your case and learn how our burglary defense lawyer team can protect your rights.

NYC Burglary Lawyer FAQs

What separates burglary from criminal trespass in New York?

Burglary requires proof of intent to commit a crime inside the building or dwelling, while criminal trespass only requires unlawful entry. This means someone could be charged with criminal trespass even if they had no intention of committing another crime. Our burglary lawyers carefully examine evidence of intent when building defense strategies.

How much prison time am I facing for a first-time burglary charge?

The potential sentence depends on the degree of burglary charged. Third-degree burglary carries up to 7 years, second-degree up to 15 years, and first-degree up to 25 years. However, first-time offenders may be eligible for alternative sentencing options that our burglary defense lawyer team can pursue.

Can I be charged with burglary if nothing was stolen?

Yes, burglary charges don’t require theft to occur. The crime is complete upon unlawful entry with intent to commit any crime, even if that crime is never carried out. However, lack of theft can sometimes help our burglary lawyers challenge the prosecution’s evidence of criminal intent.

What if I had permission to be in the building but stayed after hours?

This situation, known as “remaining unlawfully,” can still result in burglary charges if prosecutors believe you stayed with intent to commit a crime. Our burglary lawyers often defend cases involving disputed permission or authorization to be present.

Will my burglary charge be dropped if the property owner doesn’t want to press charges?

In New York, the district attorney makes prosecution decisions, not property owners. However, an uncooperative witness can weaken the prosecution’s case, and our burglary defense lawyer team can use this circumstance in negotiating better outcomes.

How does having a prior burglary conviction affect my current case?

Prior convictions can lead to enhanced sentencing and limit plea bargaining options. However, our burglary lawyers can still pursue various defense strategies and alternative resolutions, even for clients with previous convictions.

What constitutes a “dwelling” for burglary charges?

New York law defines a dwelling as a building usually occupied by a person lodging there at night. This can include houses, apartments, hotel rooms, and even temporarily vacant homes. The classification significantly impacts potential penalties, and our burglary lawyers frequently challenge dwelling designations.

Can security camera footage help my burglary defense?

Video evidence can either help or hurt your case depending on the specific circumstances. Our burglary defense lawyer team carefully analyzes surveillance footage, often finding details that support defense arguments or contradict prosecution claims about timing, identity, or actions.

What is considered a “dangerous instrument” in burglary cases?

New York law defines this broadly as any object used in a way that can cause death or serious injury, even ordinary items like screwdrivers. Our burglary lawyers frequently challenge these classifications, particularly in cases where tools were present for legitimate purposes.

How quickly should I contact a burglary lawyer after being arrested?

Immediate legal representation is crucial, as early intervention by our burglary lawyers can prevent critical mistakes, preserve evidence, and often lead to better case outcomes. The prosecution begins building their case immediately, and your defense should too.