NYC Burglary Lawyer

Top Tier Burglary Lawyer in New York City

People often confuse the crimes of robbery and burglary. In New York, a robbery is the forcible stealing of property from another person. Burglary is the entry into a building with the intent to commit some crime in that premises — usually theft of property from the building. Thus, although it is often said when one has been the victim of theft from their home whether by way of a break-in or otherwise that they have been “robbed”, under the law it would be accurate to describe such a person as having been the victim of a residential burglary. Understanding these specific differences is imperative when planning your defense, that’s why your first move should always be to consult with an NYC burglary lawyer.

There are, of course, certain circumstances in which an offender will both commit burglary and a robbery based on their actions inside of premises. If a person was to break into an apartment seeking to steal property and, finding residents there, threaten them with harm unless they turned over cash and other property to him, he would have entered the home with the intent to commit a crime and also have forcibly stolen property from another. He could properly be charged with both crimes under these circumstances.

Like robbery, burglary charges in New York are a very serious felony for which a person convicted will likely face a lengthy prison sentence. If you have been charged with Burglary, you must have an aggressive criminal defense attorney on your side to do everything that can be done to avoid conviction. NYC burglary lawyer Fred Sosinsky has fought burglary charges for his clients since 1987. Based on his extensive experience in these cases, he has been able to win burglary cases at trial, to get such cases dismissed before trial and where a plea is desired, to get his clients very favorable offers from prosecutors.

Burglary Charges in New York

In New York, a person commits burglary when they enter or remain unlawfully within a building with the intention of committing some crime there. The law does not require that the person actually commit the crime there but only that the intention is to commit the crime. Nor is it required that the building be home, that the accused be armed, or that anyone is home at the time of the burglary.

Burglary in the Third Degree

Burglary in the Third Degree is a Class D felony that is punishable by up to seven years in state prison. A person may be charged with Burglary in the Third Degree in New York when he or she enters or remains unlawfully within a building with the intent to commit a crime therein.

Third Degree Burglary charges usually involve commercial premises such as office buildings, warehouses, and retail establishments. With regard to retail stores, that a person intended to commit a crime on those premises is usually sought to be demonstrated through evidence that prior to the date charged, that person was served with a notice notifying them that they are not permitted to enter the store again. Thus, a previously apprehended shoplifter who returns to the same store may be charged with burglary because it is contended by prosecutors, he or she had to intend to commit a trespass simply by being there.

Burglary in the Second Degree

Burglary in the Second Degree is a Class C violent felony offense punishable by up fifteen years in state prison and with a mandatory minimum sentence of three and one-half years in prison. A person may be charged with Burglary in the Second Degree in New York if he or she enters or remains unlawfully in a dwelling with intent to commit a crime therein or enters or remains unlawfully in a building with the intent to commit a crime therein and is armed with a deadly weapon, causes physical injury to a non-participant, displays what appears to be a firearm or threatens to use a dangerous instrument.

Burglary in the First Degree

Burglary in the First Degree is a Class B violent felony punishable by up to 25 years in state prison and a mandatory minimum sentence of five years in prison. A person may be charged with Burglary in the First Degree in New York when he or she enters or remains unlawfully in a dwelling with the intent to commit a crime therein and when he or she is armed with a deadly weapon, causes physical injury to a non-participant, displays what appears to be a loaded and operable firearm or threatens to use a dangerous instrument.

Defenses to Burglary Charges

There are certain defenses specific to burglary charges in New York that may be asserted successfully. With the help of an experienced NYC burglary lawyer, you’ll feel safe knowing you have the best chance at mitigating the consequences of your pending burglary charges.

First, an accused may be able to show that he or she had the permission of the owner of the building to be present there and that therefore whatever transpired thereafter could not have been a burglary.

Second, because there are reasons other than plans to commit a crime that may explain a person’s unauthorized presence in a residence or apartment, this may offer a winning defense. Sometimes a person was seeking assistance, shelter, or due to intoxication or impairment entered the wrong premises.

Third, oftentimes the police will rely upon fingerprint or DNA evidence to establish the perpetrator of a burglary. But neither of these forensic disciplines is beyond challenge Indeed, the more that is learned about such evidence, the greater the opportunities to challenge the introduction of such proof at trial or its reliability to a jury.

Contact NYC Burglary Defense Lawyer Fred Sosinsky Today

If you or a loved one are facing burglary charges in New York, your first move should always be to contact an expert NYC burglary lawyer who has handled countless similar cases in the past. Fred Sosinsky has represented clients accused of burglary and robbery charges for over 30 years. Call Sosinsky Law today for a risk-free consultation to discuss your case in detail.

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A successful contractor was arrested and charged with felony possession of a loaded firearm and Class C felony possession of marijuana based upon the seizure of these items in a search pursuant to warrant. As has been well advertised, in almost all gun cases in NYC, prosecutors will insist on state prison sentences even for those willing to plead guilty. After presentation of mitigating evidence however, Mr. Sosinsky was able to negotiate a sentence of nine months in jail for his client, meaning his client was out in six months.

A young man who had been a heralded star high school hoopster in Brooklyn was indicted as part of a large multidefendant fraudulent check cashing conspiracy. The client unfortunately had previously been involved in a similar prosecution and worse yet had been arrested during the pendency of the federal case for yet again committing a similar offense. Notwithstanding these hurdles, Mr. Sosinsky was able to convince the federal judge to spare his client a prison sentence and allow him to earn his freedom while on probation.

Mr. Sosinsky represented a prominent attorney accused of assaulting and endangering the welfare of his 13 year son. It turned out that the child was being used as a pawn by the client’s ex-wife and that the incident at the heart of the case involved proper disciplining of a difficult and, at times, violent child. Eventually, the charges against the lawyer were dismissed.

Mr. Sosinsky obtained a verdict of not-guilty of murder in the execution style shooting of a young man involved in gang activities in Harlem, New York City. By demonstrating important differences in the description of the shooter from witnesses called by the prosecution, Mr. Sosinsky was able to raise valid doubts about the correctness of the identifications made at trial.

A few years back, Mr. Sosinsky represented a Manhattan man who was arrested after stabbing his wife in the neck numerous times with a knife in their Upper West Side apartment. The client was indicted for attempted murder. However, after having the client examined by a forensic psychiatrist, it became evident that a compelling insanity defense was in order. Eventually, the prosecutors involved were unable to adequately prepare to counter this defense and the case was dismissed.

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