Legal Question in Criminal Law in New York

I am charged with burglary in ny state. The facts are these:

1)I cut a hole in my neighbor's screen to steal her methadone to attempt suicide, and committed the crime at 2am.

2)I have never been charged or arrested for any crime prior.

What class of felony is this in NY State, and what can I expect in future legal proceedings, and what kind of sentence will I likely receive?

Asked on 9/06/12, 8:33 pm

1 Answer from Attorneys

Philip Katz Fink & Katz, PLLC

Your question doesn't indicate what degree burglary you have been charged with and where you were charged, so I couldn't tell you what your sentence would be. It is also very region dependent; some areas of NYS are more lenient in prosecuting burglary cases, while others are very tough.

To give you some general information about the crime of burglary in NYS, when a person knowingly enters or remains unlawfully in a dwelling with intent to commit a crime and is armed with explosives or deadly weapon or causes physical injury to someone not a party to the crime or threatens use of dangerous instrument it amounts to burglary of the first degree and it is a class B felony. If this happens in a dwelling it is burglary of the second degree and it is a class C felony. A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. This amounts to class D felony.

While Lawguru is a great place to get preliminary information, you are facing serious charges, and you cannot defend yourself simply by asking questions of attorneys online.

I STRONGLY encourage you to consult personally with a qualified Criminal Lawyer. If you are in the boroughs of New York or the Counties of Nassau, Suffolk or Westchester, my office could offer you a consultation.

I hope this helps.

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Answered on 9/08/12, 6:16 am

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