Burglary Defense Attorney in Queens

Burglary is a serious violent felony charge that can completely upend your life. My name is Luke Scardigno. I have dedicated my legal practice, the Law Office of Luke Scardigno, to criminal law. I bring my significant trial experience and history of proven results to every case. If you have been charged with a theft crime like burglary, I can provide a sophisticated and aggressive defense.

My office is directly across the street from the Queens County Criminal Courthouse in Kew Gardens, making me an accessible and reliable defense lawyer from day one. I make myself easily accessible by phone and email to discuss your case. Call me for a free consultation: 718-414-6186.

How Is Burglary Defined In New York?

Many people believe that burglary is just a fancy word for theft. However, New York’s legal definition is much more specific. Burglary is defined as knowingly entering or remaining illegally in a building with the intent to commit a crime inside. You do not have to successfully commit the crime to be guilty of burglary. The prosecutor only needs to prove that you entered the location with an intent to commit any crime, not just theft. This could include an assault, stalking or any other illegal act.

The location also matters in a burglary charge. In New York, a building can include:

• Houses or apartments
• Buildings
• Stores

A building can even include certain vehicles or other structures. As your defense lawyer, I will examine every element of the charge to determine if the prosecutor can actually prove each requirement of the law.

What Are The Different Degrees Of Burglary Charges In New York?

Burglary crimes are categorized by degree. The difference between the charges often depends on whether you used a weapon, caused an injury or entered a dwelling. The facts of your specific case determine the severity of burglary charges. The different degrees of felony burglary charges include:

• Burglary in the third degree: This is the least severe charge, and it involves knowingly entering or remaining illegally in a building with the intent to commit a crime. A conviction on this charge carries a maximum sentence of seven years in prison.
• Burglary in the second degree: This charge is more serious and applies if you enter a dwelling – a place where someone lives – with the intent to commit a crime, or if you injure someone or are carrying a weapon. A conviction can result in a prison sentence of up to 15 years in prison.
• Burglary in the first degree: This is the most severe burglary charge and applies if you illegally enter a dwelling and either possess a deadly weapon or cause physical injury to another person. A conviction can result in a prison sentence of up to 25 years in prison.

Classified as a violent felony, any level of conviction can result in significant years in prison. If you have been accused of a burglary crime, I will work tirelessly to protect your rights. I have successfully fought to reduce or dismiss severe felony charges for clients in state and federal courts, including the U.S. District Courts for the Eastern and Southern Districts of New York.

What Kind Of Evidence Is Needed To Prove Burglary?

To prove a burglary charge, the prosecutor must demonstrate an unauthorized entry and your intent to commit a crime inside. If you are charged with a higher degree burglary, the evidence will also focus on aggravating factors, like the presence of a weapon or any injury that occurred. The prosecutor will rely on things like witness testimony, forensic evidence from the scene and statements you might have made to the police.

As your defense lawyer, I will scrutinize how the police collected every piece of evidence. Also, I will investigate if the police violated your constitutional rights. If they conducted an illegal search or questioned you without a lawyer, I will fight to suppress that evidence.

What Is The Difference Between Burglary And Robbery?

It’s common for people to confuse burglary and robbery, but the law treats them as two completely separate and distinct violent felony crimes. The key difference lies in the use of force and the presence of a victim.

• Burglary: Burglary involves illegally entering a building with the intent to commit a crime inside. It is the unlawful entry into a structure. A burglary is not necessarily a confrontation. You can commit a burglary in an empty building, and the crime is complete the moment you enter with that criminal intent.
• Robbery: Robbery is defined as taking property from another person by using or threatening to use immediate force. Robbery is a crime against a person, involving confrontation. Unlike burglary, robbery does not require entering a building. You can commit a robbery on the street, in a park or anywhere else a victim is present.

Both robbery and burglary charges are classified as violent felony offenses in New York and carry serious penalties. If you are charged with either, you need an experienced criminal defense attorney with a proven track record who will fight for you.

Talk To A Burglary Lawyer For Free

If you have been accused of a violent crime like burglary, I can answer your questions and help you understand your options. I offer free initial consultations. As your defense lawyer, I will develop a comprehensive strategy designed to protect you from significant years in prison.

To schedule your free appointment, you can call me at 718-414-6186 or send me a message through my website. My commitment to my clients is absolute, and I offer reasonable fees and affordable payment plans. I am proud to offer Spanish, Italian and Greek translation services.