What To Do If You've Been Arrested On Long Island For Burglary
Burglary in New York State is defined as unlawfully entering a building with the intent to commit a crime inside. There are three different degrees of Burglary, depending on the type of building, whether there was a weapon involved and whether anyone was injured. The most serious charge, Burglary in the First Degree, is a Class B Violent Felony which carries a maximum potential punishment of 25 years incarceration in state prison. Even if you have a clean record, there is a mandatory minimum sentence of 5 years incarceration in state prison. This makes it imperative that you and your lawyer develop a strategy to minimize your exposure to prison time.
All degrees of Burglary are felonies, but the lowest (Burglary in the Third Degree) is a non-violent felony. This means that there is a possibility for a non-jail sentence even if you plead guilty or are convicted after trial. Burglary in the Third Degree is generally charged when someone breaks into a building that isn’t someone’s home (such as a business that’s closed for the evening). There must be no weapons involved and no injuries.
If the building is a residence, if there is a weapon used, or if a victim is injured, the level can rise to Burglary in the Second Degree or Burglary in the First Degree. All home burglaries are Burglary in the Second Degree, which is a Class C Violent Felony which carries a minimum sentence of 3 1/2 years and a maximum of 15 years.
These cases often involve crime scene processing where the police attempt to locate evidence to connect a suspect to the crime. This can be in the form of fingerprints, DNA, or other trace evidence. If a suspect was using a cell phone at or around the time of the commission of the crime, the police and the prosecutor can obtain the cell phone records to determine the approximate location of the suspect when the crime was committed.
Often, when DNA is found at the scene of an unsolved Burglary, the DNA profile is entered into a database called CODIS (Combined DNA Indexing System), where a search is conducted to see if the DNA profile matches anyone already in the system. If there is no match, the profile remains there indefinitely. If the perpetrator is ever convicted of a crime in New York, their DNA profile is entered into CODIS and a match will be discovered. This could result in Burglary charges coming back years after the date of the commission of the crime.
If you’ve been charged with any level of Burglary, it is imperative that you contact an experienced criminal defense attorney immediately to protect your rights. A good attorney will try to have you released on your recognizance, or to have bail set in an amount that you can afford. He will challenge the admissibility of forensic evidence in court, and attempt to have it suppressed. He will make sure any evidence or confessions which were obtained in violation of your constitutional rights are suppressed and not permitted at trial.
Make sure you immediately contact an experienced criminal defense attorney to discuss your options. As a prosecutor, Glenn Kurtzrock specialized in home invasion style Robbery and Burglary cases, including taking several to trial. He believes there is no such thing as a small case, and he will take your case seriously.
Call for a free initial consultation today so Glenn can start working on your case right away. We can be reached 24 hours a day, 7 days a week at 631-539-1640, and our website is at KurtzrockLaw.com. Our reasonable rates and payment plans ensure that everyone can get quality and aggressive legal representation.
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