New York Burglary by Breaking and Entering

• Category: Criminal - Jury Instructions
• State: Multi-State
• Control #: US-00877
• Format: Word; Rich Text

Description

Sample Jury Instruction - This sample jury instruction pertains to a Defendant's indictment for the crime of burglary (including all elements of the crime). New York Burglary by Breaking and Entering: Explained in Detail Burglary by breaking and entering is a specific crime defined under the New York Penal Law. It entails unlawfully entering someone else's property with the intention of committing a crime, typically theft or larceny. In this article, we will delve into the details of what constitutes New York Burglary by Breaking and Entering, its different types, and the potential legal consequences. New York law identifies three degrees of burglary, all of which involve breaking and entering into a building unlawfully: 1. First Degree Burglary: First-degree burglary is the most serious type of burglary by breaking and entering in New York. It occurs when an individual knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime inside. This crime carries severe penalties, especially when the defendant is armed with a deadly weapon or causes physical injury to a non-participant. 2. Second Degree Burglary: Second-degree burglary involves unlawfully entering or remaining in a building with the intention of committing a crime. It differs from first-degree burglary in that it covers a broader range of buildings, including commercial establishments, and does not require the violation to occur in a dwelling. Second-degree burglary is typically charged as a felony offense. 3. Third Degree Burglary: Third-degree burglary encompasses unlawfully entering or remaining in a building with the intention to commit a crime, but without specific aggravating factors present in the first and second-degree offenses. It covers a wide range of structures, including homes, businesses, and other buildings. While also considered a felony, the penalties for third-degree burglary may be less severe than the higher degrees. In all types of burglary by breaking and entering, the prosecution must prove beyond a reasonable doubt that the defendant intentionally entered or remained in a premise unlawfully, possessed the intent to commit a crime inside, and had no legal justification for being present in the premises. The potential consequences of a New York Burglary by Breaking and Entering conviction can be severe. Depending on the degree, penalties may include hefty fines, probation, lengthy imprisonment, and a permanent criminal record, which can significantly impact future employment prospects and personal reputation. It is essential to note that each case is unique, and the actual charges and penalties may vary based on individual circumstances, previous criminal history, aggravating factors, and the skill of the defense attorney. In summary, New York Burglary by Breaking and Entering involves unlawfully entering or remaining in a building with the intention to commit a crime. First, second, and third-degree burglary categorize this offense based on the severity and specific circumstances involved. Understanding these distinctions is crucial for both the public and legal professionals to navigate the complex field of New York criminal law effectively.

New York Burglary by Breaking and Entering: Explained in Detail Burglary by breaking and entering is a specific crime defined under the New York Penal Law. It entails unlawfully entering someone else's property with the intention of committing a crime, typically theft or larceny. In this article, we will delve into the details of what constitutes New York Burglary by Breaking and Entering, its different types, and the potential legal consequences. New York law identifies three degrees of burglary, all of which involve breaking and entering into a building unlawfully: 1. First Degree Burglary: First-degree burglary is the most serious type of burglary by breaking and entering in New York. It occurs when an individual knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime inside. This crime carries severe penalties, especially when the defendant is armed with a deadly weapon or causes physical injury to a non-participant. 2. Second Degree Burglary: Second-degree burglary involves unlawfully entering or remaining in a building with the intention of committing a crime. It differs from first-degree burglary in that it covers a broader range of buildings, including commercial establishments, and does not require the violation to occur in a dwelling. Second-degree burglary is typically charged as a felony offense. 3. Third Degree Burglary: Third-degree burglary encompasses unlawfully entering or remaining in a building with the intention to commit a crime, but without specific aggravating factors present in the first and second-degree offenses. It covers a wide range of structures, including homes, businesses, and other buildings. While also considered a felony, the penalties for third-degree burglary may be less severe than the higher degrees. In all types of burglary by breaking and entering, the prosecution must prove beyond a reasonable doubt that the defendant intentionally entered or remained in a premise unlawfully, possessed the intent to commit a crime inside, and had no legal justification for being present in the premises. The potential consequences of a New York Burglary by Breaking and Entering conviction can be severe. Depending on the degree, penalties may include hefty fines, probation, lengthy imprisonment, and a permanent criminal record, which can significantly impact future employment prospects and personal reputation. It is essential to note that each case is unique, and the actual charges and penalties may vary based on individual circumstances, previous criminal history, aggravating factors, and the skill of the defense attorney. In summary, New York Burglary by Breaking and Entering involves unlawfully entering or remaining in a building with the intention to commit a crime. First, second, and third-degree burglary categorize this offense based on the severity and specific circumstances involved. Understanding these distinctions is crucial for both the public and legal professionals to navigate the complex field of New York criminal law effectively.