• Burglary in New York

    Author : The Blanch Law Firm March 3, 2016

    Burglary in New York

    Article 140 of the New York penal code has its own means of treating the cases of burglary as a criminal occurrence within the state. The difference in magnitude of the diverse cases makes the statutes to prescribe different options which the presiding judge has to give on the offender.

    Within this statute, burglary is committed when someone knowingly enters or remains unlawfully in a building with the intent to commit a crime therein. This may institute intrusion or placing part or whole of the body. It can be merely mean just passing your arm across the threshold.

    In this essence, burglary may be treated in the case of trespass, which is a tort in common law and is actionable parse. The fact that there is usually a version of intention gives the criminal element more weight and thus proof without reasonable doubt is required. In extended cases, the case of criminal possession of burglary tools is also included in the case of burglary.

    From the face of it, burglary is a crime actionable within the New York state law and in the wider sense the federal law. In the wider consideration, burglary is tried based on several other mitigating factors and is generally bound to attract a jail term of 1 year to even a maximum of 10 years based on the degree.

    New York State Penalties

    Under the New York penal code 140, the case of burglary is divided in severity and can attract diverse sentences. Burglary is treated either in the first degree, second degree and third degree with each having its own share of penalties.

    In this penal code 140(25), the definition of intrusion of peoples dwelling in the context of whether rented or otherwise comes to the fore. For instance, the third degree offenders are those who knowingly enter premises with intent of committing a felony.

    However, looking at the statute, the burglary in the second and third degree are in most instances treated the same as all are considered violent in nature, with the attraction of at least 15 years in prison.

    Difference between State and Federal statutes

    In most of the cases involving the federal law, the difference between theft, robbery and burglary is usually not clearly spelt out. In the overall context, the three may usually constitute a criminal offence of the first degree.

    However, the New York penal code is clear that the case of burglary has to be done in connection to intrusion of a building or an enclosed area, whose entry is not licensed to the burglar. In other words, burglary may not need any case of theft to occur but just the proof of unlawful entry with a criminal intent.

    Related Crimes

    Some of the crimes related in this cases may be summed up as criminal trespass, the criminal possession of burglar’s tools, misdemeanors treated in the case of criminal trespass of class A,B, C-second degree offences, violent entries into dwellings, assault, larceny, criminal possession of weapons near dwelling and robbery.

    When is the best time to act?

    Looking at the treatment of the burglary cases in the New York penal code, it is actionable parse and may not require any proof of theft of the goods stolen. The defendant, if proven to have unlawfully gained access with intent of committing a crime could be behind bars for at least 1 to 15 years depending on the severity of the offence.

    At this juncture, the offender has the option of looking for some of the best lawyers in this area. In fact, the best advice is to get the best attorney. This is because of the seriousness by which most of the courts treat the cases at the district attorneys courts, where the judge has the discretion of deciding how many years the offender has to serve.

    Successful Defenses

    Some of the defenses which can be found in most of the cases involving burglary in New York include the following; no intent to commit the crime, lawful entry, equitable estopple, mistake, defenses based on the rule of Ryland’s vs. Fletcher, act of necessity, prescription and statutory authority.

    High profile/Government cases

    Raphael Astacio head of NYPD vs. the state

    A case involving a cop within the New York police department detective wing Raphael Astacio in which he is accused of being the head of a certain burglary wing in Long island. Raphael was caught red-handed after a certain break into a jewelry store at the house of Matheos, a Greek immigrant.

    He was caught by fellow officers in the company of the other burglars in his group named as Paul Adams, Michael brown and Joseph Alacqua. He has since been released on $2500 bail, though there are other offences which the cop is likely to face.

    In spite of the fact that the burglary case before the district attorney is a second degree case of burglary, the case is likely to get the cop several years behind bars if followed to its conclusion which the police department seem keen to.