Can You Be Arrested for Breaking and Entering in New York?

You're walking down a dimly lit street in New York City late at night. Suddenly, you hear the sound of shattering glass and see a shadowy figure climbing through a broken window into a darkened building. Your first instinct may be to call the police and report a break-in. But what exactly constitutes "breaking and entering" in New York? And can someone really be arrested for it?At Spodek Law Group, we've handled countless cases involving allegations of unlawful entry and burglary. We know the ins and outs of New York's laws on this topic and how they're applied in real-world situations. In this comprehensive guide, we'll break down everything you need to know about breaking and entering charges in New York.

What Exactly is "Breaking and Entering" in New York?

Here's the thing - New York doesn't actually have a specific crime called "breaking and entering." Instead, unlawfully entering or remaining in a building is covered under criminal trespass and burglary statutes.Criminal trespass occurs when someone knowingly enters or remains unlawfully in a building or dwelling. The key elements are:

• Knowingly entering/remaining
• Without permission or authority
• In a building or dwelling

Burglary has the same elements as criminal trespass, with one crucial addition - the intent to commit a crime inside the building. So burglary requires:

• Knowingly entering/remaining unlawfully
• In a building or dwelling
• With intent to commit a crime inside

Contrary to popular belief, you don't actually have to "break" anything to be charged with burglary in New York. Simply opening an unlocked door or climbing through an open window is enough, as long as you don't have permission to enter.

Degrees of Criminal Trespass and Burglary

New York law breaks down criminal trespass and burglary into different degrees based on the circumstances:Criminal Trespass

• 3rd Degree (Class B misdemeanor): Unlawfully entering/remaining in a building
• 2nd Degree (Class A misdemeanor): Unlawfully entering/remaining in a dwelling
• 1st Degree (Class D felony): Unlawfully entering/remaining in a building and:
  • Possessing explosives or a deadly weapon, OR
  • Knowing another participant possesses such items

Burglary

• 3rd Degree (Class D felony): Unlawfully entering/remaining with intent to commit a crime
• 2nd Degree (Class C felony): Unlawfully entering/remaining in a dwelling with intent to commit a crime
• 1st Degree (Class B felony): Unlawfully entering/remaining with intent to commit a crime AND:
  • Armed with explosives or a deadly weapon
  • Causing physical injury
  • Using or threatening use of a dangerous instrument
  • Displaying what appears to be a firearm

As you can see, the severity increases based on factors like whether it was a dwelling, if weapons were involved, and if anyone was injured.

Can You Really Be Arrested for Breaking and Entering?

The short answer is YES - you absolutely can be arrested for unlawfully entering a building in New York, even if you don't actually "break" anything.Law enforcement takes these crimes very seriously. If police have probable cause to believe you've committed criminal trespass or burglary, they can place you under arrest. This could happen if:

• You're caught in the act of entering/remaining unlawfully
• There's evidence linking you to an unlawful entry (fingerprints, surveillance footage, eyewitness accounts, etc.)
• You admit to unlawfully entering a building

Once arrested, you'll likely be taken to the police station for booking and processing. Depending on the circumstances, you may be released with a desk appearance ticket or held for arraignment before a judge.

Potential Penalties for Breaking and Entering in New York

The consequences of a conviction for criminal trespass or burglary in New York can be severe. Here's a breakdown of potential penalties: Keep in mind, these are maximum penalties. The actual sentence will depend on factors like your criminal history, the specific circumstances of the offense, and the discretion of the judge.In addition to jail time and fines, a conviction can have other serious consequences:

• A permanent criminal record
• Difficulty finding employment or housing
• Loss of professional licenses
• Immigration consequences for non-citizens
• Restitution to victims

That's why it's CRUCIAL to have an experienced criminal defense attorney on your side if you're facing charges related to unlawful entry or burglary in New York.

Common Defenses to Breaking and Entering Charges

At Spodek Law Group, we've successfully defended countless clients against criminal trespass and burglary charges. Some common defense strategies we employ include:

1. Lack of intent: For burglary charges, we may argue you had no intention of committing a crime inside the building.
2. Consent: If you had permission to be on the property, even if it was revoked later, it could be a valid defense.
3. Mistake of fact: You genuinely believed you had a right to be there (e.g., you thought it was your friend's apartment).
4. Necessity: You entered the building to prevent a greater harm (e.g., to escape an attacker).
5. Intoxication: In some cases, voluntary intoxication may negate the intent element required for burglary.
6. Improper police conduct: If law enforcement violated your rights during the arrest or investigation, we may be able to get evidence suppressed.
7. Mistaken identity: You were wrongly identified as the person who committed the offense.
8. Insufficient evidence: The prosecution lacks enough evidence to prove the charges beyond a reasonable doubt.

Remember, every case is unique. The best defense strategy will depend on the specific facts and circumstances surrounding your arrest.

Real-World Scenario: The Curious Case of the Accidental "Burglar"

Let's look at a hypothetical scenario to illustrate how these laws play out in real life:John had a bit too much to drink at his friend's bachelor party. On his way home, he accidentally entered the wrong apartment building, thinking it was his own. He used his key (which didn't work) and then noticed the door was unlocked. John stumbled inside and passed out on the couch. The actual residents came home and found John asleep in their living room. They called the police, who arrested John for criminal trespass.In this case, John could potentially face charges of Criminal Trespass in the 2nd Degree (entering a dwelling). However, a skilled defense attorney might argue:

1. John lacked the mens rea (guilty mind) required for the offense due to his intoxication.
2. He had a genuine belief that he was entering his own apartment (mistake of fact).
3. There was no intent to commit any crime inside the building.

While John's actions were certainly ill-advised, a good lawyer might be able to get the charges reduced or even dismissed, depending on the specific circumstances and John's prior record.

Why You Need an Experienced New York Criminal Defense Attorney

If you're facing charges related to breaking and entering in New York, the stakes are incredibly high. A conviction could land you in prison for years and have lasting consequences on your life. That's why it's ABSOLUTELY ESSENTIAL to have a knowledgeable and aggressive criminal defense attorney in your corner.At Spodek Law Group, we have decades of experience defending clients against all types of criminal charges in New York, including criminal trespass and burglary. Here's why you should choose us:

• Deep knowledge of New York law: We know the statutes inside and out, as well as how local courts and prosecutors operate.
• Proven track record: We've successfully defended countless clients, getting charges reduced or dismissed entirely.
• Aggressive advocacy: We fight tirelessly for our clients, leaving no stone unturned in building a strong defense.
• Personalized attention: We treat every client like family, giving your case the individual attention it deserves.
• 24/7 availability: Legal emergencies don't just happen during business hours. We're here for you around the clock.

Don't take chances with your future. If you or a loved one has been arrested for breaking and entering or related charges in New York, CONTACT US IMMEDIATELY at 212-300-5196 for a free consultation. Let us put our experience and expertise to work for you.

FAQs About Breaking and Entering in New York

Here are some common questions we hear from clients about breaking and entering charges in New York:Q: Can I be charged with burglary if I didn't steal anything?A: Absolutely. Burglary only requires the intent to commit a crime inside the building, not the actual commission of that crime. The intended crime doesn't have to be theft - it could be assault, vandalism, or any other offense.Q: What if I accidentally entered the wrong building?A: Mistake of fact can be a valid defense in some cases. However, you'll need a skilled attorney to effectively argue this defense and prove your lack of criminal intent.Q: Does it matter if the building was locked or not?A: Not necessarily. You can be charged with criminal trespass or burglary even if you entered through an unlocked door or open window. The key is that you didn't have permission to enter.Q: Can I be charged if I was invited in initially but refused to leave when asked?A: Yes. "Remaining unlawfully" is just as much a part of criminal trespass and burglary statutes as entering unlawfully. If you refuse to leave after your permission has been revoked, you could face charges.Q: What if I broke into a building to escape danger?A: Necessity can be a defense in certain circumstances. If you genuinely believed entering the building was necessary to prevent greater harm (like escaping an attacker), this could potentially be a valid defense.Q: Will I go to jail for a first-time breaking and entering offense?A: It depends on the specific charges and circumstances. For lower-level offenses with no aggravating factors, first-time offenders may be able to avoid jail time. However, more serious burglary charges can certainly result in prison sentences, even for first-time offenders.Q: Can breaking and entering charges be expunged from my record?A: In New York, criminal convictions generally cannot be expunged. However, certain offenses may be eligible for sealing after a waiting period. This is a complex area of law, so it's best to consult with an attorney about your specific situation.Remember, these are general answers. Every case is unique, and the specific facts and circumstances will determine the best course of action. That's why it's crucial to consult with an experienced criminal defense attorney if you're facing charges.

Conclusion: Don't Face Breaking and Entering Charges Alone

Breaking and entering charges in New York are no joke. Whether you're facing allegations of criminal trespass or burglary, the potential consequences are severe and can impact your life for years to come. But remember - an arrest is not a conviction. With the right legal representation, you may be able to fight the charges and protect your future.At Spodek Law Group, we've seen it all when it comes to breaking and entering cases. We know the strategies prosecutors use, and we know how to counter them effectively. Our team will work tirelessly to investigate your case, challenge the evidence against you, and fight for the best possible outcome.Don't let one mistake define your future. If you or a loved one is facing breaking and entering charges in New York, CALL US NOW at 212-300-5196 for a free, confidential consultation. Let us put our experience and expertise to work for you. Remember, your future may depend on the actions you take today. Don't wait - reach out to Spodek Law Group and let us start building your defense immediately.