The second level of burglary is gaining access to the property of another. If the accused is in possession of the weapon to commit an offense, it is classified as a third degree. Third-degree burglary could be described as the destruction of property or hurting of the victim. It could also involve displaying weapons. New York defines "dangerous instrument" as a device capable to cause serious injury.
There are three types of burglary. First, there is the infraction of the lawful entry of a vehicle or home. The most serious charge for burglary is first-degree theft, which can result in a sentence of up to 20 years in prison. First degree burglary generally involves illegal entry or stay in a building, and the intention to commit the act of committing a crime. A person accused of first degree burglary may be charged with assaulting the victim , or with the use of an explosive device or weapon.
The FBI defines burglary as the illegal entry of a house or structure. An apartment, barn, houseboat, trailer for a house, stable, ship or railroad car may be all considered to be a structure. A burglary could also involve the attempt to gain access to an unlocked structure. However, this type of burglary should not be committed by someone with an intention to commit the crime.
The term "burglary" refers to the act of entering a structure in order to steal. It could involve theft as well as other offenses as long as the intent to steal is there. You can be convicted of any offense in certain states. It is not required to be found guilty of more serious offenses. A burglary is when a person breaks into an unoccupied structure, typically by breaking the door window, and then stealing something.
There are two different types of burglaries: a constructive one and an real one. A constructive burglary does not require force to enter the premises. A real burglary requires that you use force. The burglar may gain entry to the structure by deceitfully manipulating someone, posing as a child, or by instructing a child to do so. Entry is the primary element of any burglary. But, it does not have to mean breaking a window or door. It should be the intent of the criminal to cause the break.
To be found guilty of a burglary, the prosecution has to establish the following facts beyond a reasonable doubt. The prosecution must establish that the perpetrator entered the building illegally and without permission , and had the intention to take. A burglary investigation will contain at the very least one of these elements. If the elements are proved the culprit will typically be found guilty. If the defendant had the intent to commit the offense the sentence will be imposed according to the circumstances.
You should seek out a knowledgeable criminal defense lawyer when you , are charged with burglary. Burglary charges are taken very serious in New York, and a conviction for a felony can affect your future in a variety of ways, including your job as well as your relationship with your loved ones. An experienced attorney with a track record of success in cases with high stakes like burglary charges is the best way to fight the charges.