Burglary is a crime committed by opportunity: the offender breaks into a structure in the hope of committing the crime of committing a felony. The crime is generally classified as a misdemeanor however it may become a felony in certain circumstances. A burglary in a house is usually more serious than a robbery in a business. The statutes for burglary are generally wider than they were earlier. It is also important to remember that a criminal charge for burglary could be issued even if a person has not committed the crime.
Robbery can include criminal muggings or robberies in business. Robbery is more serious than theft, and it is usually punished with the highest sentence. While burglary is more serious offense than theft, it does not exclude the trespasser crime. Trespasser burglary takes place the case when a person is in a building with the intent of stealing something, yet is not permitted to do so. In order to commit a burglary, the burglar may also own the firearm, an imitation explosives, or firearm.
Burglary is a crime in New York that involves unlawfully being in or staying in the same building to commit crime. This crime could be a misdemeanor or a felony, depending on the specific circumstances. The culprit must be present in the building without permission and must have used deceit or intimidation to get into the premises. New York burglary charges can contain multiple levels of involvement and each one comes with their own penalty.
New York's Class D felony is the first level of burglary. Anyone who is first caught breaking into a house can be sentenced to seven years of imprisonment. A person who is convicted of a crime caused by sexual motivation could be subject to a more severe sentence and supervision following release. If you are arrested in New York for burglary, an experienced criminal defense attorney is essential.
The second type of burglary involves entering the property of another. If the defendant is the owner of the weapon to commit a crime, the crime is classified as third degree. A third-degree burglary conviction can involve damaging property or causing injury to a victim. This could also include the display of weapons. New York defines "dangerous instruments" as any item which could inflict severe harm.
Burglary is classified in three different types. The first level is infraction of the lawful entry of a vehicle as well as a home or building. First-degree burglary is the most serious offense and could be punished with up to 20 years of imprisonment. First degree burglary usually is characterized by unlawful entry or staying in a place, and intent to commit an offense. The defendant who is accused of first-degree burglary may be accused of attacking the victim or using an explosive weapon or device.
The FBI defines burglary to be the unlawful entry into an object, structure or building. A structure can include an apartment, a barn, a house trailer, a houseboat (used as a permanent dwelling) as well as a stable, the ship, or railroad vehicle. A burglary could also involve attempts to gain access into a locked structure however, this kind of burglary should be committed by someone who is attempting to commit a crime.