Premier criminal defense law firm dedicated to serving New Yorkers

When a person is charged with burglary, he or she may also be charged with several other offenses. In NYC, burglary is a felony offense with three degrees of classification — all of which are penalized by prison time. The Law Offices of Tacopina Seigel & DeOreo provides immediate and effective representation to anyone facing charges for burglary. The lawyers at the firm understand the seriousness of your situation and are prepared to explore every avenue in order to have the charges against you reduced or dropped.

Understanding NYC burglary charges

NY penal code defines burglary as knowingly entering or remaining unlawfully in a building with intent to commit a crime. Burglary, a felony offense, is not to be confused with criminal trespass — a crime that can be either a misdemeanor or felony. In order for the prosecution to convict you of burglary, they must be able to prove you not only entered a premises unlawfully, but it was your intention to then commit robbery, theft or another type of crime.

Defending against burglary charges

The first step in building a successful criminal defense against burglary in NYC is to retain the services of an experienced criminal law attorney. We have successfully handled criminal law cases in New York since 1994. As a result, the firm’s attorneys have the knowledge and skill to assist clients with the following issues:

  • Pleading requirements: 

    To be convicted of burglary in New York, a defendant must be found to have entered or remained unlawfully in a building with the intention to commit a crime therein. The prosecutor is required to plead and prove all of the elements of the degree of burglary with which the defendant is charged. The elements of the three degrees of burglary in New York are set forth below:

  1. Third-degree burglary: (P.L. 140.20):

    A defendant is guilty of third-degree burglary anytime he or she unlawfully enters or remains in a building and has the intent to commit a crime therein.

  2. Second-degree burglary: (P.L. 140.25):

    Third-degree burglary automatically gets upgraded to second-degree burglary if the building at issue is a house or other dwelling, the defendant has a weapon during the burglary, the defendant causes injury to an innocent person, the defendant displays what appears to be a firearm or the defendant threatens to use a dangerous instrument.

  3. First-degree burglary: (p.l. 140.30): 

    First-degree burglary occurs when the building at issue is a dwelling and the defendant also causes physical injury to an innocent person, is armed with a firearm, displays what appears to be a firearm or uses or threatens to use a dangerous instrument.

  • Issues with discovery: 

    In New York, discoverable evidence in burglary cases often consists of video surveillance of the crime, witness statements, police reports, crime scene forensics and law enforcement testimony.

  • Key witnesses:

    If the defendant was present when the robbery occurred, the defense may try to get the charge reduced to the lesser crime of criminal trespass. This result can sometimes be accomplished by putting forth the testimony of a witness, or in some cases the defendant, in order to demonstrate that while the defendant was present, it was not his or her intention to commit a crime.

Highly rated defense lawyers uphold your rights in New York

The respected and experienced criminal law attorneys at the Law Offices of Tacopina Seigel & DeOreo provide New Yorkers with the guidance and counsel they need. Call today at 212-227-8877 or contact us online to schedule a consultation with a highly qualified attorney at the firm.