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What are the Differences Between Burglary and Robbery in New York?

Despite both arguably falling under the category of theft crimes, burglary and robbery are two very different crimes. If you need help distinguishing between the two, please read on, then contact an experienced Spring Valley violent crimes lawyer to learn what the differences are between burglary and robbery in New York.

How is burglary different from robbery in New York?

The most important thing to remember is that burglary involves entering a home or another building illegally whether or not the criminal steals something, whereas robbery involves taking property from a person through threats or fear of harm.

How are the penalties different between burglary and robbery in New York?

The state of New York takes burglaries and robberies very seriously. The breakdown for both is as follows:

Burglary in the first degree:

  • Class B felony conviction
  • Prison sentence between 5 and 25 years

Burglary in the 2nd degree:

  • Class C felony conviction
  • Prison sentence between 3.5 to 15 years

Burglary in the 3rd degree:

  • Class D felony conviction
  • Prison sentence of up to 7 years

Robbery in the first degree:

  • Class B felony conviction
  • Prison sentence between 5 to 25 years

Robbery in the second degree:

  • Class C felony conviction
  • Prison sentence between 3.5 to 15 years

Armed robbery:

  • Class B felony conviction
  • Prison sentence of at least 5 years
  • Supervision post-release
  • Fines
  • Restitution

The amount of time you serve and the fines you pay will vary on the number of times, if any, you have sustained convictions for violent crimes in the past. Your age and the circumstances of the case will also play a factor in the court’s decision.

Why do you need a Rockland County criminal defense attorney?

A person charged with burglary should reach out to a skilled Rockland County criminal defense attorney to see if he or she qualifies for a diversionary program. These programs can help a person avoid both a conviction for the crime and jail time. On the other hand, a robbery charge requires a strong defense, as a conviction can have a significant impact on every aspect of your life. In either case, the prosecutor must prove beyond a reasonable doubt that the defendant committed or attempted to commit theft and/or used or threatened to use force in carrying out the theft. A seasoned legal professional can make that a tall order. Do not go it alone. Give us a call today.

CONTACT OUR EXPERIENCED ROCKLAND COUNTY FIRM

Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.

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