Long Island Burglary and Robbery Defense Attorney

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Whether you or a family member has been charged with a form of burglary or robbery, you will likely have many questions about what these charges entail, if there is a defense against them, and what penalties they may have. Having this information will let you understand how serious these charges can be and why it is so important to defend against them.

What are the Burglary Tiers?

Like many crimes in New York, the state laws divide burglary into a variety of tiers, with first degree being the most serious tier and holding a greater penalty.

Related Charges

NY PENAL § 140.20

Burglary in the Third Degree

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NY PENAL § 160.05

Robbery in the Third Degree

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Burglary in the Third Degree

Under New York Law, burglary in the third degree is a class D felony and can carry a sentence from one to seven years in prison as well as various fines or other penalties. A person commits burglary when he or she knowingly enters a building with the intent to commit a crime or remains unlawfully in a building with the intent to commit a crime. Though the person charged may be caught before actually committing an additional crime, all the law requires is that there isintent
to commit a crime once they enter, not that the intended crime is actually complete or even in progress.

Burglary in the Second Degree

Second Degree Burglary is a class C felony, and is similar in many ways to third degree burglary. Not only must the person charged knowingly enter or remain unlawfully in a building with the intent to commit a crime, there are other factors that will move a charge up the tier to second degree burglary. If the building entered is a dwelling, an individual will be charged with second degree burglary. The charge may also be upgraded if the person enters any other type of building with a deadly weapon or explosives, threatens or uses a dangerous instrument, displays what appears to be a gun or firearm, or causes physical injury to someone who is not helping to commit the crime. This charge carries a potential penalty of one to twenty-five years in prison.

Burglary in the First Degree

First degree burglary builds on the elements of the lower tiers. If someone has entered or remained unlawfully in a dwelling with the intent to commit a crime, the charge may be upgraded to first degree burglary if other factors may have occurred: if the person charged is armed with a deadly weapon, threatens or actually uses a dangerous instrument, displaying a gun or other firearm, or causes physical injury to anyone who is not a participant in the crime. This class B felony carries a potential sentence of one to twenty-five years in prison.

What about Trespass?

Closely related to burglary is the crime of trespass. Broadly, this is the act of knowingly entering or remaining unlawfully upon premises. Like burglary, this crime has multiple tiers.

Criminal Trespass in the Third Degree

Third degree trespass requires knowingly entering or remaining unlawfully in a building or other real property where the property is fenced in, serves as a school or children’s overnight camp, is a public housing project, or is a railroad yard. This is a class B misdemeanor and carries a penalty of up to 90 days in jail.

Criminal Trespass in the Second Degree

Second degree criminal trespass occurs when the person entering or remaining unlawfully in a dwelling where they are required to maintain registration under Article 6(c) of the Correction Law and are a level two or level three offender. This class A misdemeanor carries a potential sentence of one yer in prison.

Criminal Trespass in the First Degree

A person may be charged with criminal trespass for entering or remaining unlawfully in a building and possessing an explosive or deadly weapon, knowing a participant in the trespass possesses an explosive or deadly weapon, possesses a firearm, rifle or shotgun and has access to ammunition for that weapon, or knows that another participant possesses such a weapon and has the ammunition for that weapon. This crime could lead to one to seven years in prison.

What are the Tiers? (First, Second and Third Degree Robbery)

Just like burglary, the statutes for robbery are also tiered according to their severity. Though all of these crimes are considered felonies, the potential penalty could be a longer time in prison or a greater fine depending upon the tier of the crime.

Robbery in the Third Degree

Third degree robbery is considered a class D felony, with a potential punishment of up to seven years in prison. For someone to be charged with robbery in the third degree, they must forcibly steal property. For more complete info about this offense, please see our article NY PENAL § 160.05 Robbery in the Third Degree.

Robbery in the Second Degree

Like third degree robbery, second degree robbery requires the forcible stealing of property and requires that the person charged has either been aided by another person to commit the robbery, if the person charged causes physical injury to a person not involved in the robbery during the robbery, if the person charged displays a gun or something appearing to be a gun during the robbery or if the property stolen is a motor vehicle. Second degree robbery is a class C felony and a violent felony. This carries a mandatory minimum punishment of three and a half years and has a potential maximum sentence of fifteen years in prison.

Robbery in the First Degree

First degree robbery also involves forcibly stealing property, but a charge may be upgraded to this tier if certain factors are present during the robbery or fleeing the scene of the robbery. If the person charged causes serious physical injury to someone not involved in the robbery, is armed with a deadly weapon, or displays a gun or what appears to be a gun. This violent class B felony has a mandatory minimum punishment of five years and could have an additional

How do Tiers Work?

The various tiers for crimes in New York allow the State to charge someone with not only the maximum possible penalty for their crime but also lesser crimes. For instance, someone who committed burglary in the first degree could also face charges for second and third degree, as well as various degrees of criminal trespass. During sentencing, however, the court will only sentence for the highest tiered charge, with the other charges “merging” together, rather than adding cumulatively to make a higher maximum possible sentence.

What do the Terms Mean?

Like many laws, there are certain terms that have specific legal meaning, and these terms are often the difference between two different tiers of burglary or robbery. Understanding these terms can mean understanding what has caused a charge to be upgraded to a more serious charge or why certain actions do not qualify for a certain tier.

Physical Injury and Serious Physical Injury

For robbery charges, the severity of the injury to the victim can mean the difference between first or second degree robbery. New York defines a physical injury as an “impairment of physical condition or substantial pain.” However, a serious physical injury is not simply pain. Instead, this is a risk of death or even actual death. This may also include injuries that will cause poor health, the loss or impairment of an organ or other body part, or lasting disfigurement. Though this may not always be the case, typically, a physical injury is temporary, while a serious physical injury is much longer-lasting, if not permanent.

Deadly Weapon

A deadly weapon is a weapon designed to do serious harm to an individual. Though this may include guns or other firearms, it is not limited to just those weapons. Knives and even brass or plastic knuckles can qualify as a deadly weapon.

Building and Dwelling

A building may be any structure, as well as a vehicle, watercraft, enclosed motor truck or truck trailer. If there are two or more separate structures on a single lot or if multiple occupants divide the property, as in an apartment, these divisions are considered separate buildings. A dwelling is a building in which a person usually stays overnight.

What is Attempt?

For burglary as well as robbery, it is possible to be charged with the attempt to commit a crime. Attempt may be a significant step toward the commission of a crime. The crime does not need to be completed for attempt to apply, and even mere preparation may be enough for someone to be charged with an attempted crime. For instance, if a person enters a bank with a gun but never follows through with demanding money from a teller, that person could still be charged with attempted robbery.

How is Sentencing for Burglary and Robbery Impacted?

There are certain factors that can affect sentencing for felony, causing someone to receive a higher or lower sentence. If someone has a prior charge for a crime in the last ten years, a court may be more likely to issue a harsher sentence, particularly if that crime was a violent felony. Also, felonies in New York can have a “three strikes” rule, where two or more felonies in a person’s past can allow a judge to label that person as a persistent felony offender and sentence that person to life in prison. Mitigating factors like a clean criminal history, personal references, or affirmative defenses to the crime can lessen a sentence.

Though some crimes carry a mandatory minimum sentence, judges do have some flexibility for other charges. Sentences may be mitigated with the completion of community service or drug treatment programs, for instance.

What about Juveniles and Youthful Offenders?

If someone is 16 years old or younger, that person may be charged as an adult for very serious crimes, but may still be charged in juvenile court, with the same guidelines as felony convictions. Those under the age of 9 may receive a “youthful offender treatment” where they may be sentenced, but do not carry a record of the conviction of a crime.

What to Do after a Charge?

If you or someone you love has been charged with burglary, robbery or criminal trespass, the first thing you should do is consult with an attorney. Even a conviction of a misdemeanor can impact a person’s future. As convictions are part of the public record, future employers may uncover these convictions in a background check. These crimes can also impact a person’s immigration status, impacting whether an immigrant may remain in the country or qualify for citizenship.

Getting an attorney immediately helps the person charged to begin preparing a defense. This can help to prevent improper interrogation techniques, ensure that the police are conducting proper suspect photo arrays, and compile evidence while it and witnesses’ memories are still fresh. Attorneys can also represent you or your loved one at bail hearings to determine possible release and to ultimately begin the process of advocating on you or your loved one’s behalf.

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Past Client Testimonials

Past Client Testimonials

I was falsely accused of grand larceny. For someone who has never been arrested, I was in shock. I complied with the police because I respect the law and assumed they would recognize the accuser’s lie and let me go. Little did I realize the criminal justice system treats you as guilty, until proven innocent. The opposite of what I thought. Scott walked me through the painful process of proving my innocence. His knowledge of the law and empathy towards me, helped me survive the process and get a full dismissal. I unequivocally recommend Scott as your defense attorney. Thank you Scott!

Anonymous

Scott Limmer helped me through a difficult very situation. He was professional and guided me through the entire process with clarity and honest guidance. Most importantly, he had my trust through everything. He was responsive to any questions I had, and always returned my calls or emails. I never doubted that he undeniably had my best interests at heart. Thank you again Scott and I will most definitely recommend you to anyone that is in trouble and needs help.

Anonymous

I was charged with Criminal Possession of a Forged Instrument and my confidant charged with unregistered vehicle and other traffic summons. I called Scott Limmer the next day, he was straight forward, and well versed about the charge we were hit with. Mr. Limmer was interested and he had our best interest which was to get our cases dismissed. He was willing to go to trial and fight. The cost were given from the start, no hidden fees. Scott Limmer is straight forward, a fighter, accommodating, articulate, caring, knowledgeable and he will have your best interest genuinely. Which is rare these days. He always tell me if anything in the future comes up, in which my case may be brought up against me, he said call him. That's a good lawyer right there!

Anonymous

Mr. Limmer is a total professional. He truly cares about his clients. Mr. Limmer helped my son out of a tough situation. He guided my son with complete honesty. He is very responsive and knowledgeable. He spoke to us in layman’s terms and prepared us for what to expect before each appearance. His efficiency allowed us to feel confident that his experience would help get us the best possible outcome. During a very difficult time for my family, we found ourselves in need of a criminal defense attorney and after much research and many phone calls, we felt confident that Mr. Limmer was the right choice. His fees are very reasonable and there are no hidden charges.We highly recommend Mr. Limmer. He deserves more than 5 stars.

Anonymous

Let me start by saying that I was in deep S..t at one point last year and I was in a breaking point and no where to run. I needed a lawyer more that you know and I searched the web for one and found Scott Limmer. Didn't know much about him and really at that moment didn't care.
He was truthful and straight forward with me. Didn't con me in thinking it will be an easy road but told me we will beat the case in court. He fought with the judge to a point I thought I was in contempt with the judge. lol.. Called the ADA's bluff and we road it out together. He is fair, understanding and as for me, I have his name on speed dial.

Anonymous

Never thought we would need a lawyer. But we did. Found Scott Limmer online when our son got in some trouble. Scott was there for us. My wife and I didn't have a clue how the system worked. Scott was helpful in every way. At times my son wasn't the easiest client. Scott was there for us. He made us understand what and why things are going to happen.

Anonymous

I found Scott when I was in a very tough spot. I had been charged with two serious felony level crimes. I met with a handful of attorneys and Scott's reviews and presence both online and in person impressed me, so I hired him.
I am so thankful I made that decision. Scott was consistently friendly,  professional, and easily accessible. His fees were very reasonable, especially considering the level of service he provided. Most importantly to me, Scott made sure that the Judge and a zealous DA's office saw that the charges were not at all what they were chalked up to be. In the end, there was no jail time, no probation, no criminal record and no fines or community service.
If you are being criminally charged, I couldn't recommend hiring Scott more strongly. He delivered when I needed it and I am forever grateful.

Anonymous

I am grateful for everything that Scott has done for me. If you are looking for a lawyer look no further.  Scott went above and beyond for me, he did everything in his power to help me.  And because of him I have my life back and it's intact. I was innocent from the beginning but if I did not have Scott, I do not think I would have won. He is one of the smartest people I have ever met. He thinks 10 to 20 steps ahead in any scenario. There isn't one thing bad I have to say about this man. To all those out there who need representation, Scott is your guy. The one thing that means more than anything to me is that he ACTUALLY cares. Not many people are like that anymore, and he is amazing. He cared about me when he didn't have to, he just had a job to do. To have a lawyer who actually cares about their client and doesn't see them as their next pay check, pick Scott. I cannot stress how amazing of a lawyer and person he is, he will fight tooth and nail for you.

Anonymous

I reached out to Scott after a police officer contacted my employer.  I was worried that my case could have a negative affect on my employment situation and freedom. Scott kept my mind at ease and ensured we would not plea guilty and rightfully so. By the end of my case, I was not convicted with any crimes. I could not have asked for a better lawyer experience.
From first contact, Scott was approachable, very responsive and engaged, professional, and compassionate. He took time to talk through every concern and explained the process thoroughly, gave best and worst case scenarios and didn’t not over promise. In fact he under-promised and over-delivered. My family will forever be thankful we choose Scott to represent us. He is a down to earth, smart, highly capable professional.

Anonymous

I hired Scott Limmer to defend my son who had gotten into trouble in school and with the law. From our first meeting to our last, and there were many in between, not only was Scott extremely knowledgable in both aspects, but he always kept us informed about what was going on, and answered my phone calls any time of the day to put my mind at ease. Scott went above and beyond for our son to make sure that he would get the best outcome possible and that outcome was better than we had ever expected. He is very compassionate about his work and it shows in everything he does. I truly believe that if I hadn't hired Scott as my lawyer, my son would not have been given the fresh start that he now has.

Anonymous