Theft Lawyer New York

Arrested For Theft or Burglarly In NY? Learn More From Trusted Criminal Defense Lawyer, Lisa Pelosi

According to New York law,

A person commits the crime of burglary (or burglary in the third degree) by entering a building without permission with the intention of committing a crime inside.

Two elements are necessary in order for a burglary to occur:

1. Trespassing, or entering, or remaining on property while knowing that such an act is unlawful and,
2. Intending to commit a crime inside the building.

It is on the prosecutor to prove that there is an intent to commit a crime inside the building and that the entry to that building was illegal.

Third-degree burglary will be elevated to second- or first-degree burglary when:

Intent can be proven and,

1. The building is a dwelling or,
2. While entering the building or immediate flight, the accused or another participant in the crime is armed with explosives or a deadly weapon, causes physical injury to a non-participant in the crime, or displays what appears to be a firearm.

First-degree burglary is charged when the building is a dwelling and one of the other four aggravating elements of second-degree burglary is present.

An experienced New York criminal defense attorney will put forth defenses such as lack of intent to trespass and lack of intent to commit a crime in the building after initial trespass.

Burglary is a serious offense. Depending on the level charged, a person who has been accused of burglary can face up to 25 years in prison for burglary in the first degree.

Lisa Pelosi, a Top Rated Local® New York criminal defense attorney, has handled hundreds of burglary cases and can discuss defenses to your charges with you.

Theft, Burglary, and Robbery Q&As

Interviewer: What are the different types of theft charges, starting from the minimum to the more severe?

Lisa Pelosi: Theft charges, that term is pretty much an umbrella term.  You could start from the lowest level, which would be petty larceny, which would be commonly known as shoplifting, you know, somebody going into a store and stealing a packet of gum. The theft crime, depending upon the amount that’s stolen or taken, can lift it up to a felony and different states have different amounts which would elevate it from a misdemeanor, petty larceny, to a felony, which will be considered grand larceny. That’s one type of theft.  You can also have falling under the umbrella term of theft charges would be credit card cases, writing checks or cashing checks improperly.  So, there are a lot of different types of theft charges that people can be accused of.

The Difference Between Burglary and Robbery in the State of New York

Interviewer: When I hear the term as “Burglary” and “Robbery”, what’s the main difference between those two?

Lisa Pelosi: A lot of times, people will use the term robbery when in fact it’s a burglary and vice versa.  If someone comes home and their house has been burglarized, meaning someone broke into the house and took property or committed a crime in their home but no one was home, then that’s considered a burglary. If, however, you happen to be in the home and someone breaks into a home, then that would be the fact that you are at home or even being inside home, that converts it from a burglary to a robbery.  Also robberies can take place outside on the street or at any place.

A Mugging Would Be Categorized as a Robbery Charge in New York

Interviewer: So, like a mugging, if someone got mugged, that would be like a robbery too?

Lisa Pelosi: The term mugging, a taking of property with force is considered a robbery.  So, what’s often referred to is just the mugging; if force is used, then it becomes a robbery.

A Theft Charge Can Be Elevated Based on the Amount Taken in the Theft

Interviewer: Are there a lot of degrees depending on how much someone have taken, the dollar amount would determine what degree that would be.  Is that accurate?

Lisa Pelosi: Generally speaking, every state has a different amount and you just have to check what the amount is for each state.  And also, with robbery charges, they’re elevated depending upon if a weapon is used or even if a weapon is simulated; use of a weapon also raises the charge from a robbery, for example, in the second degree to robbery in the first degree.  If someone pretends to have a gun in the pocket and just uses their fingers to simulate a gun, that would raise it from a second degree robbery to a first degree robbery.

Common Places Where People Shoplift in the State of New York

Interviewer: In your experience, where do people typically shoplift from, and what are some typical items, some examples?

Lisa Pelosi: It runs gamut in terms of shoplifting.  You can have teenagers just shoplifting things in a candy store and it can go up to people in department stores a lot of the times are arrested, often times improperly arrested or taken in by store security because they think that a visitor to a store is trying to take property. So, a lot of times in department stores, you’ll have people accused of shoplifting or taking property. There are some people who work with several other people and you know two or three people are arrested in a conspiracy for trying to take property of high value such as expensive handbags or jewelry or so on and so forth.