People often use the words burglary and robbery interchangeably. However, each of these terms has its own distinct legal definition. In New York, burglary and robbery are different crimes with different elements and penalties. One thing they have in common, however, is that they are treated very seriously by the courts. Therefore, if you’ve been charged with burglary or robbery in New York, please contact an experienced New York Criminal defense attorney as soon as possible. Below is an overview of the differences between burglary and robbery in New York.
Burglary in New York is classified as either first, second, or third degree, and it consists of the following elements:
- Entry into a building, and
- Intent to commit a crime upon such entry.
It is important to note that burglary doesn’t require breaking and entering. A perpetrator need only enter a building in order to satisfy the first element of the crime. Burglary also doesn’t necessarily have to involve theft. Rather, any crime committed upon entering the property of another will constitute burglary. Finally, the crime itself doesn’t even actually have to occur in order for one to be charged with burglary. All that must be proven is that an individual who entered a building intended to commit a crime upon such entry.
Burglary is punishable by up to 25 years in prison and a fine of up to $5000.
Robbery in New York is classified as either first, second, or third degree. Unlike burglary, robbery requires a face-to-face confrontation between the perpetrator and victim. Specifically, robbery in New York is committed when a perpetrator:
- Instills fear in a victim, and/or
- Uses force against a victim before, during, or after the commission of a property crime.
And as noted above, robbery is classified by degree. The most serious form, first-degree robbery, involves serious physical injury to a victim or the use of a dangerous instrument or deadly weapon. Second degree robbery occurs when a perpetrator is aided by another person in the theft, a victim is physically injured, a weapon is displayed, or a vehicle is stolen. Third degree robbery encompasses all other crimes that meet the elements described above.
Robbery is punishable by up to 25 years in prison and a fine of up to $5000 or double the financial gain from the robbery.
New York Criminal Defense Attorneys
If you’ve been charged with burglary or robbery in New York, it’s imperative that you engage the services of an experienced criminal defense attorney in order to achieve the best possible outcome in your criminal case. At Barket Epstein, our experienced New York criminal defense attorneys will ensure that you are fully apprised of your legal rights and provided with the most effective defense possible against all theft charges. Please contact one of our experienced criminal defense attorneys today for a consultation.
Posted in: Criminal Defense