Buffalo Burglary Defense Lawyer
At Trbovich Law Firm in Buffalo, NY, we understand the serious nature of felony burglary charges and their potential consequences. As dedicated criminal defense lawyers, we are committed to providing robust legal representation for individuals facing burglary accusations in Western New York. Contact us today for immediate criminal defense.
What Constitutes Felony Burglary Charges in Buffalo, NY?
Burglary is a serious offense in New York State, often charged as a felony. The severity of the charge depends on various factors, including the degree of the alleged crime. In Buffalo and throughout Erie County, law enforcement and prosecutors aggressively pursue burglary cases, making it crucial to have a knowledgeable felony burglary defense lawyer on your side.
Types of Burglary Criminal Charges in New York
New York law recognizes three degrees of burglary, as defined in the New York Penal Code:
Burglary in the Third Degree (Class D felony) - NY Penal Law § 140.20:
A person is guilty of burglary in the third degree when they knowingly enter or remain unlawfully in a building with intent to commit a crime therein. This is the least severe form of burglary but still carries significant penalties.
Burglary in the Second Degree (Class C violent felony) - NY Penal Law § 140.25
A person is guilty of burglary in the second degree when they knowingly enter or remain unlawfully in a building with intent to commit a crime therein, and:
- The building is a dwelling; or
- While in the building or in immediate flight therefrom, they or another participant: a) Are armed with explosives or a deadly weapon; or b) Cause physical injury to any person who is not a participant in the crime; or c) Use or threaten the immediate use of a dangerous instrument; or d) Display what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
Burglary in the First Degree (Class B violent felony) - NY Penal Law § 140.30
A person is guilty of burglary in the first degree when they knowingly enter or remain unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or while in the dwelling or in immediate flight therefrom, they or another participant in the crime:
- Are armed with explosives or a deadly weapon; or
- Cause physical injury to any person who is not a participant in the crime; or
- Use or threaten the immediate use of a dangerous instrument; or
- Display what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
Each degree carries different elements and potential penalties, with first-degree burglary being the most severe. As criminal defense lawyers serving Buffalo, we are well-versed in the nuances of these criminal charges and how they apply to individual cases.
How a Felony Burglary Defense Lawyer Can Help
At Trbovich Law Firm, we understand the complexities of felony burglary cases in Buffalo and throughout Western New York. As your dedicated Buffalo criminal defense lawyers, we offer a range of services to protect your rights and work towards the best possible outcome for your case. Here's how we can assist you:
Comprehensive Case Evaluation
When you choose Trbovich Law Firm, we begin by thoroughly evaluating your case. Our felony burglary defense lawyers meticulously review all available evidence, including police reports, witness statements, surveillance footage, and search documentation. This comprehensive analysis allows us to identify potential weaknesses in the prosecution's case and develop a strong defense strategy tailored to your specific situation.
thoroughly evaluating
Navigating the criminal justice system can be overwhelming, especially when facing felony burglary charges. Our criminal defense lawyers provide clear, honest advice throughout the legal process. We explain the nature of the charges against you, potential consequences, your legal rights and options, and possible defense strategies. We ensure you have the information needed to make informed decisions about your case.
Strategic Defense Development
Based on our case evaluation, we develop a strategic defense plan. This may involve challenging the legality of searches and seizures, questioning witness credibility, disputing evidence, and exploring alternative explanations for the alleged crime. Our burglary defense attorneys leverage their extensive knowledge of New York law and local Buffalo court procedures to craft the most effective defense for your case.
Skilled Negotiation with Prosecutors
In many cases, negotiation can lead to favorable outcomes without the need for a trial. Our felony burglary defense lawyers are skilled negotiators who can advocate for reduced charges, seek alternative sentencing options, and push for case dismissal when appropriate. We leverage our relationships with local prosecutors and our understanding of the Buffalo legal system to negotiate effectively on your behalf.
Aggressive Courtroom Representation
If your case goes to trial, Trbovich Law Firm provides aggressive courtroom representation. Our criminal defense lawyers are experienced litigators who present compelling arguments, cross-examine witnesses effectively, challenge evidence, and clearly communicate your side of the story. We fight tirelessly to protect your rights and interests throughout the trial process.
Mitigation of Consequences
Even in challenging cases, our felony burglary defense lawyers work to mitigate potential consequences. We may advocate for reduced sentences, explore alternative sentencing options like rehabilitation programs, and seek to minimize the impact on your personal and professional life. Our goal is always to achieve the best possible outcome for your specific situation.
Post-Conviction Support
If a conviction occurs, our support doesn't end there. Trbovich Law Firm can assist with appeals processes, sentence modifications, and expungement or sealing of records when applicable. We continue to advocate for your rights and explore all available options post-conviction.
Personalized Attention and Support
Throughout your case, you can count on personalized attention from our team. At Trbovich Law Firm, we maintain open lines of communication, promptly respond to your questions and concerns, provide regular updates on your case, and offer support during this challenging time. We understand the stress and uncertainty that come with felony burglary charges, and we're here to guide you every step of the way.
Common Defenses in Felony Burglary Cases
At Trbovich Law Firm, our criminal defense lawyers in Buffalo employ various defense strategies depending on the specifics of your case. Some common defenses in felony burglary cases include:
Lack of Intent
Burglary criminal charges require proof of intent to commit a crime upon entering a building or dwelling. If we can demonstrate that you did not have criminal intent, it may be possible to have the charges reduced or dismissed.
Mistaken Identity
In some cases, eyewitness testimony or surveillance footage may be unreliable. Our burglary defense attorneys work to challenge misidentifications and protect innocent clients from wrongful convictions.
Consent to Enter
If you had permission to enter the property in question, this could serve as a valid defense against burglary charges. Our criminal defense lawyers thoroughly investigate all aspects of the case to uncover evidence of consent.
Insufficient Evidence
The prosecution must prove all elements of the burglary charge beyond a reasonable doubt. Our felony burglary defense lawyers in Buffalo scrutinize the evidence and work to expose any gaps in the prosecution's case.
Consequences of Felony Burglary Convictions in Buffalo
A felony burglary conviction in Buffalo can have severe and long-lasting consequences. Potential penalties may include:
- Lengthy prison sentences
- Substantial fines
- Probation or parole
- Restitution to victims
- A permanent criminal record
Additionally, a felony conviction can impact various aspects of your life, including:
- Employment opportunities
- Housing options
- Professional licenses
- Voting rights
- Firearm ownership
Given these serious consequences, it's crucial to have a skilled burglary defense attorney fighting for your rights and future.
Why Choose Trbovich Law Firm for Your Felony Burglary Defense in Buffalo
When facing felony burglary charges in Buffalo, you need a criminal defense lawyer who understands the local legal landscape and has a track record of success. Here's why Trbovich Law Firm stands out:
Local Knowledge and Experience
Our felony criminal defense lawyers have deep roots in the Buffalo legal community. We understand the local court systems, prosecutors, and judges, allowing us to navigate your case effectively.
Personalized Attention
At Trbovich Law Firm, we believe in providing individualized attention to each client. Your felony burglary defense lawyer will work closely with you throughout the legal process, keeping you informed and involved in your defense.
Aggressive Advocacy
We are committed to vigorously defending your rights and interests. Our burglary defense attorneys are skilled negotiators and trial lawyers, prepared to fight for you both in and out of the courtroom.
Comprehensive Legal Support
Beyond burglary defense, our criminal defense lawyers in Buffalo handle a wide range of criminal cases. This broad experience allows us to address any related charges or legal issues that may arise in your case.
The Legal Process for Felony Burglary Cases in Buffalo
At Trbovich Law Firm, we guide clients through every stage of felony burglary cases in Buffalo. Understanding this process can help alleviate stress and uncertainty. Here's an overview of what to expect:
Arrest and Booking
The process begins with an arrest, followed by booking at the police station. We advise exercising your right to remain silent and requesting a criminal lawyer immediately.
Arraignment
Within 48 hours, you'll appear before a judge. Our criminal defense attorneys will enter a plea, argue for reasonable bail, and address any protection orders.
Grand Jury Proceedings
Felony charges typically require a grand jury indictment. While you may not be present, we'll advise on the potential benefits of testifying.
Pre-Trial Hearings
These may include preliminary hearings, suppression hearings, and hearings on the admissibility of statements or eyewitness identifications. Our team prepares extensively for these crucial proceedings.
Plea Bargaining
We engage in negotiations with prosecutors, seeking reduced charges or favorable sentencing recommendations. We'll discuss all offers with you, but the final decision is always yours.
Trial
If necessary, we'll proceed to trial. This involves jury selection, opening statements, presentation of evidence, cross-examinations, and closing arguments. Our experienced litigators will present a strong defense throughout.
Sentencing
If convicted, we advocate for the most lenient sentence possible, presenting mitigating factors and exploring alternative sentencing options.
Post-Conviction
We can assist with appeals, sentence modifications, or other post-conviction relief options even after a conviction.
Protecting Your Rights During Police Investigations
If you're under investigation for felony burglary in Buffalo, it's crucial to protect your rights from the outset. Here are some important steps to take:
- Remain silent and exercise your right to a criminal attorney
- Do not consent to searches without a warrant
- Avoid discussing your case with anyone other than your criminal defense lawyer
- Document any interactions with law enforcement
By contacting Trbovich Law Firm early in the process, you can ensure that your rights are protected and that you have strong legal representation from the start.
The Importance of Acting Quickly After Felony Burglary Charges
When facing felony burglary charges in Buffalo, time is of the essence. The sooner you involve a burglary defense attorney, the better your chances of achieving a favorable outcome. Early intervention allows your felony defense lawyer to:
- Preserve crucial evidence
- Interview witnesses while memories are fresh
- Prevent you from making self-incriminating statements
- Begin building a strong defense strategy
Don't wait to seek legal representation. Contact Trbovich Law Firm as soon as possible to discuss your case with a skilled felony burglary defense lawyer.
Protect Your Rights - Act Now
Don't face felony burglary charges alone. Trbovich Law Firm's experienced criminal defense lawyers are ready to fight for you. Contact us today for a confidential consultation and take the first step towards protecting your future.
Buffalo Burglary Defense Lawyer FAQs
What's the difference between burglary and robbery in New York? Burglary involves unlawfully entering a building with intent to commit a crime, while robbery involves forcibly stealing property from a person. Burglary doesn't require theft or interaction with people, unlike robbery.
Can I be charged with burglary if I didn't steal anything?
Yes. In New York, burglary charges are based on unlawful entry with intent to commit a crime, not whether a theft occurred. Even entering with intent to commit a non-theft crime can result in burglary charges.
How long do I have to wait before my burglary conviction can be expunged in New York?
New York doesn't allow for expungement of criminal convictions. However, some records may be eligible for sealing 10 years after your sentence or release from prison. Our felony burglary defense attorneys can guide you through this process.
Will a burglary conviction affect my immigration status?
A burglary conviction can significantly impact your immigration status, potentially leading to deportation. If you're not a U.S. citizen, it's crucial to work with a burglary felonyattorney who understands both criminal and immigration law.
What if I accidentally entered the wrong house or building?
Mistaken entry could be a valid defense if you can prove you lacked criminal intent. However, this defense requires careful presentation of evidence and circumstances. Our experienced criminal defense attorneys can help build this defense strategy.
Can security camera footage be used against me in a burglary case? Yes, prosecutors often use security footage as evidence. However, our defense team can challenge this evidence based on factors like image quality, proper handling of the footage, or constitutional issues in how it was obtained.
Is burglary considered a violent crime in New York?
Second-degree and first-degree burglary are classified as violent felonies in New York, even if no violence occurred. This classification can impact sentencing and long-term consequences of a conviction.
How can I protect my professional license if I'm facing burglary charges?
A burglary conviction can jeopardize professional licenses. We work to mitigate these consequences by fighting the charges, negotiating pleas to lesser offenses, or advocating with licensing boards post-conviction.
