Robbery and burglary are severe crimes in New York and carry harsh penalties for perpetrators. There are many reasons why someone commits the crime of theft, and our laws do not accurately reflect the reasons for this.
At The Vitaliano Law Firm, we have experience dealing with cases of theft and burglary. We can represent you and implore a judge or jury to understand the circumstances that led to the crime and help you get the legal help you need.
At The Vitaliano Law Firm, we have plenty of experience dealing with a defense in criminal cases. We’ve represented violent and white-collar criminals and help provide a fair defense for anyone who enlists our services. We have numerous awards under our belts for criminal defense, and our client testimonials speak for themselves.
Founder Michael Vitaliano worked for many years as a prosecuting attorney in New York before moving into private practice and helping defend those accused of crimes. Mr. Vitaliano was born on Staten Island and has long-standing ties to the area.
Burglary and robbery are both considered theft, and many people use the two terms without making a distinction. In truth, the two crimes are different and treated with varying standards in New York.
Robbery is the broader term, and we will examine it first. Put simply, robbery involves one person taking something from another with any sort of value. This type of crime includes everything from armed robbery, using psychological force and intimidation to acquire something, to simple pickpocketing.
As there are many forms robbery can take, the punishments for robbery fluctuate depending on the circumstances of the crime. Stealing a few dollars will net more lenient penalties than a mugging. You could be looking at a few years of jail time to 25 years in prison, depending on the severity of the incident.
Burglary involves entering a building unlawfully with the plan to commit a crime. You do not have to steal anything for the state to levy burglary charges against you, though most burglaries involve theft. As long as the state believes you intend to commit a felony while inside, you may run afoul of a burglary arrest.
Burglary also carries different sentencing guidelines depending on several factors. The type of building you break into, injuries to other people, or possessing weapons may increase the jail time you face.
If the state charges you with burglary or robbery, you should speak with a lawyer as soon as you can. While you have a right to represent yourself at the trial and any other hearings, the judge will hold you to the same standard as an attorney. They will expect you to know all the relevant criminal laws and machinations of the legal system.
Fighting against an arrest is already stressful enough. Adding on the burden of proving your case alone will make matters even worse. Attorneys have all the legal knowledge needed to help give you a fair trial, and they can provide an unbiased perspective on your situation and chances in court.
Often, prosecuting attorneys will want to forgo a trial and cut a plea deal with the accused. A plea bargain sees the defendant state their guilt for a reduced sentence. There is no trial, and you forfeit the ability to have your case heard in a court of law. Some plea bargains are generous and worth taking, but an experienced Staten Island robbery or burglary lawyer can tell you how good a plea deal is and what your chances may be in open court.
A skilled defense attorney will also negotiate mitigating circumstances during the trial or sentencing to ease the burden on you. An attorney may be the difference between years in jail or a more lenient sentence.
A: A robbery sentence considers several factors. Like murder, New York separates robbery into three degrees. Third-degree robberies carry a minimum sentence of two years in prison. First-degree crimes like armed robberies could mean up to 25 years in prison. A judge will factor in severity with any previous convictions when outlining sentencing guidelines. An experienced Staten Island robbery and burglary lawyer can potentially reduce your sentence and negotiate a deal.
A: Burglary involves entering a building unlawfully with the intent to commit a felony. This covers breaking into a store, house, construction site, or any other structure you do not usually have access to. Burglary typically carries a penalty of seven to 25 years in prison, depending on the severity of the crime. Judges will consider prior convictions, weapons used, and other crimes when laying out sentencing.
A: Like murder, there are three degrees of burglary in New York. Third-degree is the least severe and carries a sentence of two to seven years in jail. A second-degree burglary occurs when something is hurt, the perpetrator uses accomplices, or weapons are present. First-degree burglary covers the most severe crimes. In these instances, the perpetrator is armed, harms someone in the process, or is using a burglar’s tools.
A: Staten Island has a roughly average crime rate compared to the rest of the United States. The neighborhood is safer than 47 percent of other neighborhoods in the country. For violent crimes, the rate sits at about two crimes per 1,000 residents. Property crimes are more prevalent, with about 8.41 happening per 1,000 residents.
The consequences are severe when the state charges you with any form of theft. You shouldn’t risk going without a lawyer. A Staten Island robbery and burglary attorney can help explain your situation and advocate for you at a trial.
Contact us today for a free consultation. We can discuss your case and give you an unbiased estimate of your situation.