Burglary is a crime of opportunity. It is when a person breaks into a building with the intention of committing criminal activity. The offense is typically considered a misdemeanor, however it can be a crime under certain circumstances. A burglary of a residence is generally more severe as is a robbery of a business. Generally, burglary statutes are wider than they used to be. A burglary charge can be filed even though the offender has not committed the crime.
Robbery can be a result of criminal muggings or robberies in business. Robbery is more severe than theft, which is usually the highest sentence. While burglary is more severe than theft, it may include trespasser as well as other burglaries. A trespasser burglary occurs when the perpetrator enters a structure with the intention of stealing something but is not permitted to do so. In order to commit a burglary the burglar may also own a firearm, imitation explosive, or firearm.
In New York, burglary is an infraction that involves the act of entering or staying in an establishment with the intention to commit an offense. The offense could be a misdemeanor or a felony depending on the circumstances. The perpetrator must be inside the building without permission, and must also have employed deceit or intimidation to gain entry into the building. New York burglary charges can be categorized as having various levels of involvement, and each level has its own punishment.
The first degree of burglary in New York is a Class D felony. First-time burglars can be punished with a sentence of seven years' imprisonment. If a person is found guilty of a crime motivated by sexual intent may be facing a much more severe sentence and supervision upon release. It's a serious matter that should be taken seriously. If you've been arrested for burglary in New York, you need an experienced criminal defense attorney.
Invading another person's home is the second degree of burglary. If the accused is in possession of weapons and employs them to commit an offense, it is classified as third degree. A third-degree conviction for burglary could include damage to property or injury to victims. This could also include the display of weapons. New York defines "dangerous instrument" as a product that is capable of inflicting severe injuries.
Burglary is classified in three different categories. The first degree is when someone has a criminal intent to gain access to a structure such as a residence, home or vehicle. The most serious charge for burglary is first-degree burglary. It carries a penalty of up to 20 years in prison. First degree burglary usually is characterized by unlawful entry or staying in a place, and intent to commit an offense. The person who is charged with first-degree burglary can also be accused of assaulting the victim , or with the use of an explosive device or weapon.
The FBI defines burglary as the unlawful entry into structures, buildings, or other structures. A structure can include an apartment, a barn or a house trailer a houseboat (used as a permanent dwelling) or a stable, the ship, or railroad vehicle. It can also be an attempt to gain entry into a locked structure however, this kind of burglary must be carried out by someone who is attempting to commit a crime.