Burglary is a serious crime that can lead to long-lasting consequences. If you’re facing such charges, it’s vital to understand the available defenses that can protect your rights. If you or someone you love has been charged with burglary, it’s in your best interest to contact a qualified Rockland County Criminal Defense Attorney who can help you devise a dynamic legal strategy to combat your criminal charges effectively.
What constitutes burglary in New York?
It’s crucial to understand that the definition of burglary varies from one state to another. This variance can result in significant disparities in the elements of the crime. Therefore, it’s essential to understand what constitutes burglary in New York. While many people associate burglary with theft, the charge does not have to involve an individual stealing someone else’s property. In New York, burglary is defined as the unlawful entering of a structure, such as a building or dwelling, with the intent to commit a crime. Two elements must be met to constitute burglary: unlawful entry and criminal intent.
Burglary is often confused with robbery. However, robbery involves using force or feat to obtain another person’s property, while burglary does not usually involve a victim present and can represent various crimes, not just theft. New York courts take burglary charges extremely seriously, as they will result in a felony conviction. As such, if a defendant is convicted of burglary, they could face years of imprisonment, thousands of dollars in fines, and a criminal record that haunts them for the rest of their life.
What are the potential defenses against a burglary charge?
When facing burglary charges, it’s vital to enlist the help of an experienced attorney who can help you explore the available defenses and build a solid legal strategy to shield you from your charges. One possible defense strategy that can be used to defend against burglary charges is to challenge the intent element. When there is a lack of intent to commit a crime, it would not constitute burglary. If you can demonstrate that you had no intention to commit a crime upon entering a structure, it can weaken the prosecution’s case.
Another possible defense is challenging unlawful entry. If you can prove that you had permission to enter the property, you can prove that you did not commit burglary. As mentioned above, another critical element of a burglary charge is entering a structure without permission. That being said, if you can prove that you had consent or a legitimate reason to enter the property, you can use this as a defense to undermine the prosecution’s unlawful entry claim.
In addition, you may be able to establish mistaken identity. This can be a compelling defense if you show that you were wrongfully accused due to a witness’s incorrect or questionable identification or if surveillance footage is unclear to identify the perpetrator’s identity. Essentially, you will demonstrate that you were not present in the place where the crime occurred by providing a reliable alibi.
As you can see, numerous defenses could potentially help you combat your charges. If you or a loved one is facing burglary charges, you should contact a determined attorney from the Law Office of Carl Spector, who can defend your rights and interests.