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Burglary and Robbery Attorney in Hudson Valley and New York State

Burglary and robbery are both felony offenses in the state of New York.

Burglary

In simple terms, a person is guilty of burglary when they unlawfully enter or remain in a building or dwelling with the intent to commit a crime. Burglary is a felony. There are three levels of burglary charges in New York:

  • Burglary in the Third Degree
  • Burglary in the Second Degree
  • Burglary in the First Degree

Third Degree Burglary

Third Degree Burglary is the least serious charge and it has the following elements:

  • Unlawfully entering a building with the intent to commit a crime, or
  • Remaining in a building unlawfully with the intent to commit a crime

The classic burglary example is someone breaking into a store to steal something.

This is a Class D Felony, and if convicted you can serve up to seven years in prison.

Second Degree Burglary

Second Degree Burglary has the same elements as Third Degree Burglary, along with the following additional elements:

  • While entering, or while in the building, or immediate flight therefrom they
    • Are armed with either an explosive or a deadly weapon, or
    • They cause physical injury to another person who is not participating in the crime, or
    • Uses or threatens the immediate use of a dangerous instrument, or
    • Displays a firearm or what appears to be a firearm

For example, if someone unlawfully enters a store, while carrying a gun, intending to steal the store owner's goods, this is Second Degree Burglary.

This is a Class C Felony, and it carries a minimum term of incarceration of three and a half years, and up to a maximum of fifteen years in prison.

First Degree Burglary

The elements of First Degree Burglary are almost identical to Second Degree Burglary the only difference is that it requires that the defendant entered not just any building but a dwelling, which is a place where people lodge there at night.

For example, if someone breaks into the home of another, intending to steal property, and they are carrying a gun, this is First Degree Burglary.

This is a Class B Felony, and if convicted you will be sentenced to a minimum of five years in prison, and up to a maximum of twenty-five years in prison.

Robbery

Robbery is sometimes referred to as “forcible stealing.” In other words, if, while stealing, someone uses force or threatens to use physical force on another person in order to get or keep the property, this is robbery.

Robbery can be charged as:

  • Robbery in the Third Degree
  • Robbery in the Second Degree
  • Robbery in the First Degree

Robbery in the Third Degree

Simply put, Third Degree Robbery requires the use of force or threat of force while stealing something.

For example, if someone approaches another person and says, “Give me your wallet or I will punch you,” and then takes the wallet, this is Third Degree Robbery.

This is a Class D Felony and if convicted you can be sentenced to up to seven years in prison.

Robbery in the Second Degree

Second Degree Robbery also requires the use of force or threat of force while stealing something. In addition, Second Degree Robbery requires either:

  • another person assisting in the robbery (accomplice)
  • causing physical injury to a person not involved in the crime (an innocent person)
  • displaying what appears to be a firearm, or
  • the theft of a car.

For example, if two people approach another person and they say, “Give me your wallet or we will punch you,” and then they take the wallet, this is Second Degree Robbery.

This is a Class C Felony, and it carries a minimum term of incarceration of three and a half years, and up to a maximum of fifteen years in prison.

Robbery in the First Degree

First Degree Robbery is the most serious robbery offense because it involves forcibly stealing property and during the commission of the crime:

  • the defendant causes serious physical injury to a person not involved in the crime
  • the robber is armed with a deadly weapon
  • uses or threatens to immediately use a dangerous instrument, or
  • displays what appears to be a firearm.

For example, if someone approaches another person and shoots them while stealing their wallet, this is First Degree Robbery.

This is a Class B Felony, and if convicted you will be sentenced to a minimum of five years in prison, and up to a maximum of twenty-five years in prison.

Burglary and Robbery

Burglary involves breaking into a building or dwelling with the intent to commit a crime. Robbery involves a theft by use of force or threatening to use immediate physical force. The degree of seriousness of each is based on conduct and facts specific to each crime.

Facing Criminal Charges?

If you are facing criminal charges, contact the Law Office of Kenneth Puig. We have the experience you need to represent you in your case.

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In criminal defense and personal injury cases, timing is everything. Give us a call at (854) 787-4757 today to weigh your legal options and to get acquainted with our team.

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