Burglary is a crime defined as the unauthorized entry into a building or dwelling place, with the intent to commit a crime within the premises. Depending on the jurisdiction as well as the circumstances, burglary may either be charged as a misdemeanor or a felony.
For misdemeanor burglary charges, the penalties and sentences can include: up to one year in a county jail facility; and/or imposition of criminal fines
For felony burglary charges, the consequences are more serious:
Criminal sentencing for burglary is sometimes derived from mandatory sentencing guidelines outlined in a state burglary statute. However, judges often have much leeway when it comes to prescribing an actual sentence.
In many states, the burglary statute will simply list a range of years for each type of burglary charge. For example, the state of New York classifies burglary into first degree, second degree, and third degree. Third degree is usually the least serious type of burglary case, while first degree is the most serious (typically involving violence). Many states use this type of system.
Sentencing in New York for each degree of burglary would then be:
When determining the defendant’s sentence, the court will consider many different factors, including:
Repeat offenses will usually result in stiffer penalties. On the other hand, the court is likely to consider other factors during sentencing, such as the defendant’s intentions in committing the burglary, and witness testimony supporting the defendant’s character.
In many cases the defendant and their lawyer can make a request to have the charges dropped or the sentence reduced to a less severe one. Sometimes the court will take into other facts into consideration, such as the defendant’s intentions in committing the burglary, and witness testimony supporting the defendant’s overall good character.
These may help to get the sentence reduced or the charges lowered to a lesser offense (like trespassing). Also, as in any criminal case, all available defenses can be argued on behalf of the defendant, such as intoxication, coercion, and lack of sufficient evidence.
Finally, many criminal courts are now implementing methods to reform, rather than punish offenders. These alternative sentencing methods can include:
Such alternatives may not be available, and will depend on the circumstances of each case. However, they may be a viable option for many persons, especially juveniles and first-time offenders.
Burglary laws can sometimes be difficult to understand. If you are facing burglary charges, you may wish to speak with a criminal defense attorney in your area. Your lawyer can help you obtain a lighter sentence, or have the charges dropped if possible. Sentencing for burglary is different in each area, so be sure to contact a lawyer if you have questions and need to be represented in court.
Last Modified: 10-17-2017 11:22 PM PDTLaw Library Disclaimer
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