The Juvenile Justice Process in New York Family Court

The juvenile justice process in New York Family Court is a structured approach to dealing with legal issues involving minors. While it shares some similarities with the adult criminal justice system, it also has its own set of procedures and goals, particularly focusing on rehabilitation and ensuring the best interests of the young individuals involved. Understanding this process can be essential for families and their children as they work through the legal challenges presented when a minor is accused of delinquent behavior.

If you’re facing such a situation and need clear, professional guidance, reaching out to a skilled juvenile delinquency attorney can be a significant step in protecting your child’s rights and future. Long Island juvenile delinquency lawyer Jason Bassett can provide the necessary support and advocacy needed when facing juvenile cases in the New York Family Court system. Contact the Law Offices of Jason Bassett, P.C. at (631) 259-6060 to schedule a consultation.

At What Ages Are Juveniles Accused Of Committing Crimes Sent To Family Court in New York?

The age range for juveniles sent to Family Court in New York is between 7 years old and 18 years old (16, 17, and 18 year-olds can begin in Adult Criminal Court as “Adolescent Offenders,” however most cases are transferred to Family Court).

What Is The Process For A Juvenile Arrested By The Police?

When a juvenile is arrested, the police must make a good faith effort to contact the child’s parent or guardian. A parent must be present when a child is questioned and the parent must consent to any questioning by the police. A lawyer can also be present if they are requested to be by the child or the parent. While at the police precinct, juveniles are kept in child-only areas. Most children are released to the custody of their parents and issued a Desk Appearance Ticket, which requires them to appear in Family Court approximately one month after their arrest.

When a child is charged with a violent felony, a sex offense, or a crime against a parent, the child is handcuffed and brought to court that day or the next day for arraignment. However, children are not taken to adult jails. If a child is brought to court immediately and detained by a judge, then the child is taken to a juvenile detention facility. To speak with a top-rated Long Island criminal lawyer, call us today at (631) 259-6060.

How Do The Procedures For Juveniles In Family Court Compare To Those in For Adults in Criminal Court?

The goal of the juvenile justice system in Family Court in New York is to provide treatment and probation supervision for children in need, along with confinement if necessary. Unlike adults convicted of committing criminal offenses, children do not leave the juvenile justice system with a criminal record. The juvenile justice system in Family Court has many of the same procedures as those found in the adult justice system in New York. Lawyers are also required to defend children in the juvenile justice system. Unlike in Adult Criminal Court, cases involving juvenile offenders in Family Court must be handled within 60 days of an arraignment. Perhaps the single biggest difference from Adult Criminal Court is that there are no juries in Family Court and thus all cases are decided by a judge.

What is a Juvenile Trial Like in New York?

In New York, a juvenile trial unfolds distinctly from adult proceedings and is formally known as a “fact-finding hearing.” This critical phase operates similarly to a criminal trial but is conducted without a jury. Instead, a judge assumes the role of both jury and arbiter, determining whether the juvenile (referred to as the “child” in court) has committed the acts alleged in the petition.

At the outset of the juvenile process, if there’s a possibility that the child will be detained, the court may hold a “probable cause” hearing. This initial hearing assesses whether there is sufficient reason (“probable cause”) to detain the child while awaiting the fact-finding hearing. Notably, unlike the adult system, there is no option for bail in these cases; the Family Court does not set bail for juveniles.

Prior to the fact-finding hearing, other preparatory sessions may take place, particularly concerning the evidence the presentment agency intends to introduce. The presentment agency, which is responsible for presenting the case against the juvenile, is obligated to share certain police reports and documents with the defense attorney. This disclosure is a legal requirement designed to ensure that the child’s lawyer has the necessary information to build a defense.

The absence of a jury, the prohibition of bail, and the focus on rehabilitation rather than punishment underpin the distinct nature of a juvenile trial in New York. These elements combine to create a process aimed at serving the best interests of the child while also addressing the legal dimensions of the alleged delinquent acts.

What Is The Purpose Of Not Having Jury Trials for Juveniles in Family Court?

One reason they don’t have juries for juveniles in Family Court is the impression that a jury trial might compromise the confidentiality of these cases. The overarching concern in all Family Court matters is the best interests of the child, even more so than the adjudication of guilt or innocence. It is thought that a trained judge is better equipped to make a determination as to the best interests of a child.

What Are the Alternative Sentences To Jail For Juveniles In New York?

In New York, a child found to be responsible for a crime can be granted what’s known as an Adjournment in Contemplation of Dismissal, which dismisses the case after six months of good behavior. The child can be given a Conditional Discharge, which requires the child to stay out of trouble for one year or face re-sentencing. A child can receive a period of Probation Supervision, during which the child must report to a probation officer, undergo psychological treatment, and, if necessary, receive drug and alcohol addiction counseling. There can be a period of confinement in a juvenile detention center. Juvenile detention centers can either be non-secure, which involves a school-like setting with an open campus, or secure, which is more like a like a jail for strictly juvenile offenders.

Aspects of Juvenile Justice	Family Court (Juveniles)
Age Range	7-18 years old
Court Processes	No juries, judge decides cases, must conclude within 60 days of arraignment
Record Sealing	Cases are sealed and do not appear on an adult criminal record
Legal Representation	Mandatory legal representation for children
Sentencing Alternatives	Adjournment in Contemplation of Dismissal, Conditional Discharge, Probation, Juvenile Detention (non-secure or secure)
Aims	Treatment and rehabilitation focus

Do Juvenile Convictions Automatically Drop Off Your Record Or Do They Stay On There?

If a case has gone through the juvenile system in Family Court, the matter is automatically sealed and does not appear as part of any adult criminal record.

Under What Circumstances Can A Juvenile Be Prosecuted in Adult Criminal Court?

For certain very serious charges, a child may be deemed a “Juvenile Offender” and prosecuted as an adult. A 13 year old child charged with Murder in the Second Degree under certain circumstances may be prosecuted in Adult Criminal Court. Children 14 or 15 years old may be prosecuted as adults under certain circumstances for the following crimes: Aggravated Sexual Abuse in the First Degree, Arson in the First Degree, Arson in the Second Degree, Assault in the First Degree, Attempted Kidnapping in the First Degree, Attempted Murder in the Second Degree, Burglary in the First Degree, Burglary in the Second Degree, Criminal Possession of a Weapon in the Second Degree (if on school grounds), Criminal Sexual Act in the First Degree, Kidnapping in the First Degree, Manslaughter in the First Degree, Murder in the Second Degree, Rape in the First Degree, Robbery in the First Degree, and Robbery in the Second Degree.

When During The Process Should A Parent Hire A Lawyer For Their Child?

As early as possible! The police often tell parents that the judge will assign a lawyer for their child when they go to court, and thus their child does not need an attorney while they’re interrogated. This might be in the bests interests of the police, but it is certainly not in the child’s best interests. A child, just like an adult, needs an attorney at the earliest stages of a case. Children with an attorney at the very beginning have a far greater chance of never even having to go to court, and if they do end up going to court they have a much greater chance of not being convicted. Hiring an experienced attorney as soon as possible for your child can save their future.

If My Child Intends To Plead Guilty To A Minor Offense, Should I Still Hire An Attorney?

You should hire an attorney if your child has been charged with committing a crime, no matter how minor. It can make the difference between your child being incarcerated or instead going home with you.

Who is a Juvenile Delinquent?

A “juvenile defendant” is a person under 16, but at least 7 years old, who has committed an offense that would be a crime if he/she were an adult. The person is then considered to be in danger of being taken into custody, treated, or monitored. A “delinquent” act is the act that was committed. Family Court hears all juvenile delinquency cases. Children aged 13-14 years may be treated as adults if they are convicted of more serious or violent crimes. These cases can be heard in Supreme Court. However, they may sometimes be transferred into the Family Court. The child can be convicted and subject to harsher penalties than a juvenile offender.

What is a Fact-Finding Hearing at New York Juvenile Court?

A juvenile delinquency case is handled in the same way as an adult case. The matter will proceed to a fact-finding hearing if the child’s lawyer cannot reach a settlement with Corporation Counsel or get an “adjustment for their client”. New York juvenile cases go through what is called a “fact-finding hearing” just like adult criminal courts.

The New York Juvenile court process for fact-finding is very similar to an adult criminal trial. Adult criminal cases are decided by either the judge or the jury. There are no juries in New York Juvenile Court cases. A judge presides over the case and determines whether the juvenile is guilty or innocent on the delinquency petition. Corporation Counsel must prove their case beyond reasonable doubt for each element of the crime, just like Criminal Court.

For more information on Juvenile Offenses In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/the-juvenile-justice-process-in-new-york-family-court/ The Juvenile Justice Process in New York Family Court

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/the-juvenile-justice-process-in-new-york-family-court/

What Can a Suffolk County DWI Defense Attorney Do For You?

In New York, a DWI is a serious criminal charge that can have a long-term impact on your future and can result in fines, increased insurance premiums, and even jail time. Having the advice and guidance of a New York DWI lawyer can lessen the impact of your charges and may even keep you out of jail. Before you make any decisions, it is important to speak with an experienced Suffolk County DWI defense attorney.

What is at Risk After a New York DWI Charge?

If you have been charged with a DWI or DWAI, you may face many consequences depending on the situation and your conviction history. These include fines, suspensions, revocations, and even jail. Even if your blood alcohol level was .05%, you could still be facing severe consequences. Having a criminal conviction also follows you throughout life, affecting employment, career options, and even housing.

Being charged with a DWI in New York does not mean that you will be convicted. The state must prove the charges against you. Having an experienced criminal defense attorney representing your legal interests may get your charges minimized or even dropped altogether.

Understanding Your Charges and Consequences

In New York, driving while intoxicated, or DWI is commonly called DUI in other areas. There are different DWI charges that may be brought depending on the factors surrounding your arrest, the level of your blood alcohol concentration, whether you had a combination of drugs and alcohol in your system, your age, and whether you cooperated with a sobriety test.

Factors Surrounding Arrest	Possible DWI Charges	Additional Notes
Blood alcohol concentration level	DWI (Driving While Intoxicated)	Level of BAC impacts severity of charges
Presence of drugs in addition to alcohol	Aggravated DWI	Combination increases severity of charges
Age of the individual	Underage DWI	Younger age may lead to specific charges
Cooperation with sobriety test	DWAI (Driving While Ability Impaired)	Non-cooperation may affect charges

Do I Need a Lawyer for DWI in NY?

Facing a DWI charge in New York is a critical situation that necessitates the experience of a skilled DWI lawyer. The state’s DWI laws are notoriously strict, with penalties that can have a profound and lasting impact on your life, including the loss of your driving privileges, substantial fines, possible incarceration, and a criminal record that could haunt you indefinitely. With such dire consequences, the decision to hire a lawyer is not just a prudent choice; it’s a vital one.

An experienced DWI lawyer brings to the table a deep understanding of the legal system, honed by years of education and practice. This experience is essential for navigating the complexities of the law and for developing a robust defense strategy. The stress of facing a DWI charge is immense, and it’s unrealistic to expect oneself to acquire an adequate understanding of the legal intricacies while simultaneously mounting a defense.

Moreover, a lawyer can offer a valuable external perspective on your case. When one is personally embroiled in a legal battle, it can be difficult to view the situation objectively. An attorney, experienced in DWI cases, will approach your case with a critical eye, identifying both strengths to leverage and weaknesses to defend against. This objectivity is crucial for a comprehensive and effective defense.

Factors That Your DWI Lawyer Will Consider

DWI charges are criminal charges that should never be taken lightly. Particularly if you have been charged with aggravated DWI, felony DWI, or have previous convictions on your record, having skilled representation may get the prosecution to regard you more favorably and lead to a possible plea bargain.

Every DWI case is unique and will be dependent upon the charges, the facts surrounding your arrest, and your history. Your charges may be minimized or dismissed depending on if the arresting officer had probable cause.

How cooperative were you at the time of the arrest? Was there a possible error in the field sobriety test? Were there witnesses who can attest that you were not intoxicated? Are you qualified for an impaired driver program? These may all be factors that our lawyer will consider when representing your case.

New York DWI Cases: Plea Bargaining

Plea bargaining refers to the process by which the prosecution and defense teams try and reach an agreement on the outcome of a criminal case without the need for a trial. Because each case is unique and there are no set rules, plea bargains do not have a standard arrangement. The defendant may agree to plead guilty to the charges and will waive his right to trial in a plea agreement. In return, the prosecution will reduce or dismiss some of the charges, recommend a shorter sentence, or any combination thereof. After that, the court will approve the plea agreement.

New York’s District Attorneys must ensure that prosecutors follow all applicable laws and policies to limit plea bargaining. New York drunk driving law places a restriction on the ability of the prosecution to reduce a DWI case to Driving While Ability Impaired (DWAI). However, prosecutors still have the right to use their discretion if there are good reasons that a DWI/DWAI is unjustified. If the court agrees, the deal will be approved.

Individual circumstances will have their own advantages in plea bargains. For DWI cases, there are many possible punishments and probation options that vary widely. A lot of people find relief in having some control over how and when the case will be resolved. Plea agreements eliminate the risk and cost of trial. The defendant is expected to make the final decision only after having discussed the matter thoroughly with their attorney. 

Having an experienced criminal defense lawyer give you legal advice about plea bargains may be able to help you understand your rights and protect your freedom. Criminal attorney Jason Bassett may be able to provide the legal assistance you need for your DWI charges. Contact us today to schedule a consultation.

DWI defense attorney in Suffolk County

Do You Qualify for Programs on Long Island?

If this was a first DWI arrest, you may qualify to participate in an Impaired Driver Program designed to raise awareness about drunk driving to prevent future consequences. Those who qualify can get a conditional license with a full license restored after the successful completion of the program.

Get the Advice of an Experienced Suffolk County DWI Attorney

If you have been charged with a DWI in New York, you may have several legal defenses available to you. Contact the law offices of Jason Bassett Criminal Attorney for a free consultation to get the advice you need after a DWI charge in Suffolk County, or anywhere on Long Island, NY. Call us at (631) 259-6060

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-can-suffolk-county-dwi-defense-attorney-do-for-you/ What Can a Suffolk County DWI Defense Attorney Do For You?

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/what-can-suffolk-county-dwi-defense-attorney-do-for-you/

6 Important Questions To Ask A Criminal Lawyer Before Hiring Them

If you have been charged with a criminal offense, one of the first things to consider is retaining a Long Island criminal defense lawyer. Deciding on an attorney to hire takes careful consideration and assessment of relevant experience and qualifications. Representation by a criminal lawyer is important when being charged with a criminal case as your rights are at stake. Below are 6 important questions you will want to ask before hiring a criminal defense attorney.

1. Do you offer a free consultation?

When you have been charged with a criminal offense, you should first speak with an attorney by phone or in person.  At times it is difficult to tell if a lawyer is right for you simply by looking at their website or speaking on the phone.  However, a phone consultation is an important first step to hiring a defense attorney.  Top defense lawyers often offer a free consultation, this helps the potential clients decide if the attorney is a good fit, and for the attorney to decide if they want to take your case.

To schedule a free consultation with top Suffolk County criminal defense attorney Jason Bassett, call today at (631) 259-6060.

2. In what areas of criminal law do you have the most experience?

Much like how there are doctors who are experts in certain medical fields, lawyers are not a one-size-fits-all all solution for legal issues. Even within criminal law, attorneys will specialize in certain areas. So before hiring a criminal defense lawyer, it is important to ask what part of criminal law they have the most experience. Hire the criminal defense lawyer who has the most experience in the area that your case falls under. Whether you are looking for a domestic violence attorney, a DWI  lawyer, or a federal criminal defense attorney, make sure you ask your lawyer about their prior experience.

Questions for criminal lawyer on Long Island

3. What types of fees will I be expected to pay for your services?

It is important to understand all the fees you will be responsible for early on in the process.

First, understand the type of fee arrangement your lawyer prefers. Some criminal attorneys will charge based on a flat fee while others require you to pay a retainer.

Next, find out how much you will be expected to pay for their services for your particular case. Establishing an estimate at the very beginning not only helps to avoid surprises down the road, but it will also help with your financial planning.

Finally, find out how miscellaneous costs will be dealt with. Depending on how your case goes, you may incur additional costs that extend beyond the legal services provided by your criminal lawyer. These would include, filing of complaints, motions, and briefs.

Make sure to ask your criminal defense lawyer if the firm will be paying for these or will the expense come out of your pocket.

4. Will you be handling my case personally?

This one may seem like a silly question to ask but it is a good idea to know who you should expect to see at legal proceedings such as depositions and trials. It is very common for you to meet with an experienced attorney, top of the firm with decades of experience handling cases just like yours. Then when it comes time for trial, the firm sends one of the more inexperienced defense lawyers, fresh out of law school to represent you.  If you are looking for a criminal defense attorney with more than 20 years of experience who personally represents all of his clients, call Jason Bassett today.

5. How accessible can I expect you to be?

Having access to your lawyer is extremely important when you have been charged with a crime. You may be anxious about legal proceedings, procedures, or additional criminal charges. Being able to make a quick call or text to your criminal lawyer will be able to put your mind at ease. If you end up being arrested or contacted by the police, you will need to get a hold of your criminal lawyer immediately.

6. How much trial experience do you have?

Many criminal cases are settled out of court through plea bargains and as such many criminal attorneys are more experienced in negotiating plea deals than pleading cases in court.

If your case is complex and requires going to trial, you will need a lawyer who has court experience. A criminal defense attorney who is experienced with the trial will not only be aware of the many specific procedures and processes, but they will also have the necessary background to properly prepare you in key aspects such as cross-examination and testifying.

The Benefits of Hiring a Criminal Defense Attorney

A personal criminal defense attorney can help the defendant by conducting an independent investigation into all the events that led to the charges. Criminal defense attorneys can also evaluate each piece of evidence separately and determine whether the evidence is legally admissible. Public defenders are not likely to petition the court for a motion for the suppression of evidence, but this should be one of the primary functions of a defense lawyer. 

Even if the state has a strong case against the defendant, evidence may be dismissed and not taken into consideration if you have a skilled defense lawyer by your side. Hiring your own criminal defense attorney may also help you move for a case to go to trial. A trial is something that prosecutors usually do not want as prosecutors usually want to pursue a conviction as soon as possible. 

Hiring a criminal defense attorney may help the defendant pursue all legal avenues to protect their rights. Find a legal counsel that focuses on reducing charges or dismissing the case rather than negotiating a plea deal. Having an aggressive criminal defense lawyer can be a great investment toward a defendant’s freedom and future.

It is important to hire a criminal defense lawyer who is highly skilled in criminal law to represent your case. Attorney Jason Bassett may be able to help. We serve the areas of Nassau County and Suffolk County. Contact us to schedule a free consultation today.

Benefits of Hiring a Criminal Defense Attorney	Description
Independent Investigation	Criminal defense attorneys conduct independent investigations into the events leading to the charges, evaluating evidence for admissibility.
Motion for Suppression of Evidence	Defense lawyers can petition the court for the suppression of evidence, potentially leading to dismissal or reduction of charges.
Trial Representation	Skilled defense attorneys may help move the case to trial, providing an opportunity to challenge the prosecution’s case in court.
Protection of Legal Rights	Criminal defense lawyers pursue all legal avenues to protect defendants’ rights, focusing on reducing charges or dismissing the case.
Aggressive Advocacy	Hiring an aggressive criminal defense lawyer can be an investment in a defendant’s freedom and future, ensuring a robust defense strategy.

How Do I Choose Between Two Lawyers?

Choosing the right lawyer can be a pivotal factor in the successful outcome of your case. When you’re faced with a decision between two attorneys, it’s essential to focus on their experience, as it directly impacts their capability to handle your unique legal situation. However, there may be other factors that you’d want to consider depending on your specific case:

• Experience Matters: You need a lawyer with a proven track record in dealing with cases similar to yours. This means looking beyond just the years of practice to understand their success rate with your type of legal issue. An attorney’s experience in a specific field will bring valuable insights and strategies that are critical for navigating your case effectively.
• Examine Their History: Consider the attorney’s length of service, the number of cases handled within your area of need, and their geographic familiarity. Prior case results are a strong indicator of what you can expect. Lawyers with the right experience will have a keen understanding of the potential adversaries, the legal landscape, and the unique challenges that may arise in your case.
• Research and Review: A thorough examination of the law firm’s website should give you a clear picture of their experience. Look for the scope and breadth of their practice areas to ensure they align with your needs. Additionally, conduct an online search for both the firm and the individual lawyers. This can reveal their reputation, client reviews, and any additional information that may influence your decision.

Ample time and research can help you narrow down your choices. Furthermore, when you make the decision, an initial consultation with your attorney of choice can provide crucial insight as to how your dynamic with your attorney will be for the rest of your case.

What is a Lawyer Consultation?

A lawyer consultation is a meeting in which a prospective client talks about their legal problem and asks the attorney for legal advice. If you have been charged with a criminal offense, it’s crucial to get legal counsel from an experienced criminal defense lawyer. A consultation with a criminal defense lawyer can help you gain a better grasp of the complexities of New York criminal law and offer insightful information about the possible outcomes of your case. 

Scheduling a meeting with a knowledgeable criminal defense lawyer can be very helpful for your defense. By getting an initial consultation, you are already doing more for your legal defense than many other defendants by asking for assistance. 

The second step is to compile all the documentation required for your case. You may or may not have obtained paperwork from the police or the court, depending on how your case was started. Relevant documentation could be a citation, a court order, or a bail receipt that has been duly signed. You can also include any other case-related documents that would be helpful in describing the nature of the charges filed against you. 

The third step is to record what happened. If you list the events in the order they happened and shortly after the incident, you will remember them more clearly. You may have noticed that when you write, you remember information that you otherwise would have forgotten.

Contacting a criminal defense lawyer is the fourth step. Even though it may be intimidating to meet with a lawyer, it is the wisest course of action. It is important to remember that your criminal lawyer would be acting as your advocate and defending your rights. In your consultation, your attorney will analyze your case and go over the criminal procedures involved, possible penalties upon conviction, and your available legal options. 

Hiring a criminal defense lawyer is the fourth step. Whether you hire the attorney after a consultation is your choice and you should decide based on whether you think they can provide you with the legal help you require. 

An attorney can provide you with advice on how to protect your rights. An attorney can also help guarantee a fair trial and assist you in understanding the repercussions of entering a plea of guilty or not guilty. An attorney can also walk you through any possible legal defenses that would apply in your case. Choosing the right criminal defense attorney for your case is important when faced with criminal charges. 

Hire Top Suffolk County Criminal Defense Attorney

Choosing the right criminal defense attorney to represent you requires a great deal of research and consideration. Asking these 6 questions before hiring any criminal defense lawyer will ensure that you find the right one who will be the best for your case. Contact us today to speak with top Suffolk County, Long Island criminal defense lawyer Jason Bassett.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/6-important-questions-to-ask-a-criminal-lawyer-before-hiring-them/ 6 Important Questions To Ask A Criminal Lawyer Before Hiring Them

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/6-important-questions-to-ask-a-criminal-lawyer-before-hiring-them/

Is Breaking and Entering a Felony?

Breaking and entering is a term that often conjures images of burglars and masked intruders, but in the eyes of the law, the definition is more nuanced and varies from state to state. In New York, the legal framework surrounding these offenses is particularly detailed, with statutes that closely define what constitutes breaking and entering and how it is distinguished from other property crimes.

In the face of criminal accusations such as breaking and entering, the path to a just resolution hinges on the skill and knowledge of your defense. Jason Bassett, a practiced Long Island criminal defense attorney, provides the high-caliber legal representation essential for those charged with these serious offenses. Whether you’re confronting a felony or misdemeanor, his guidance is pivotal in steering your case toward a favorable outcome.

Embarking on your legal journey, allow Jason Bassett’s experience to fortify your defense. If you or someone you know has been accused with breaking and entering, whether in connection to trespassing or burglary charges, take the decisive step forward. Contact Jason Bassett to gain an ally in the courtroom and the comprehensive support necessary to challenge the charges head-on. Your defense begins now; reach out to Jason Bassett for a strategic partner in your corner.

The Basic Components of Breaking and Entering Charges

In New York, breaking and entering is not a charge in itself but is often associated with the crime of Burglary. Under New York Penal Law, Burglary involves illegally entering a building with the intent to commit a crime inside. The ‘breaking’ aspect refers to the forceful overcoming of resistance, such as breaking a window or kicking down a door, to gain entry. However, the term is somewhat of a misnomer since actual physical “breaking” is not always necessary to constitute a Burglary.

For a charge of Burglary to stick, the prosecution must prove two main components beyond a reasonable doubt: unauthorized entry into a building and intent to commit a crime therein. It’s important to note that the building in question doesn’t necessarily have to be a home; it can be any type of structure, including businesses and sometimes even temporary structures, depending on the circumstances.

Distinctions Between Trespassing and Breaking and Entering

Trespassing and breaking and entering often get lumped together but are distinct in New York law. Criminal Trespass is the unlawful entry into or remaining on a property, including a building or land, without the consent of the owner or lawful authority. It becomes a criminal charge when it involves knowingly entering or remaining unlawfully on premises.

The key difference between Trespassing and Burglary (breaking and entering) in New York is the element of intent. While Trespassing does not necessarily involve intent to commit an additional crime within the property, Burglary does. Essentially, if someone enters a property unlawfully but without the intent to commit a further crime, they may be charged with Trespassing, a lesser offense than burglary.

Legal Interpretations of “Entry” in Criminal Law

Under New York’s criminal law, ‘entry’ has a broad interpretation. It doesn’t require the entire body of the perpetrator to be inside the building. Even a minimal invasion, such as reaching a hand or an instrument through an open window, can constitute entry if it is connected to the intent to commit a crime.

Furthermore, the courts have interpreted ‘entry’ to include instances where an individual gains access to a building through deceit or fraud, not just physical breaking. For example, if someone poses as a utility worker to gain access to a home with the intent to steal, this could be classified as burglary, even though there was no ‘breaking’ in the traditional sense.

The complexities surrounding the definition of breaking and entering, the distinction from trespassing, and the legal interpretations of ‘entry’ in criminal law highlight the importance of understanding New York’s specific legal statutes. For someone facing charges related to these crimes, the nuances of the law can significantly impact the nature of the charges and the potential defenses available.

Breaking and Entering: Misdemeanor or Felony?

In New York State, the legal system does not use the term “breaking and entering” per se, but rather, this concept is included under burglary, trespassing, and related offenses. The severity of these charges can vary greatly, from misdemeanors to felonies, depending on several key factors.

Factors that Determine the Severity of the Charge

The severity of charges in New York is primarily determined by the degree of the offense, which is specified in the New York Penal Law. 

When someone unlawfully enters a building or structure with no intention to steal, they could face a misdemeanor Trespassing charge. A Criminal Trespass charge can vary from a misdemeanor to a felony based on several factors, including the location of the trespass and the circumstances surrounding the offense.

• Third Degree (Class B Misdemeanor): A person is guilty of Criminal Trespass in the Third degree when they knowingly enter or unlawfully remain in a building or property that is fenced or otherwise enclosed in a manner designed to exclude intruders. This includes entering a school or a residential building where the person does not have the right to be.
• Second Degree (Class A Misdemeanor): This charge is more serious and involves knowingly entering or remaining in a dwelling, such as someone’s home, without permission. The fact that it involves a dwelling increases the severity of the offense.
• First Degree (Class D Felony): The most serious form of Criminal Trespass occurs when an individual knowingly enters or remains unlawfully in a building and knows that it is used for manufacturing or storing explosives. The felony charge is also applicable if the trespass is committed while the individual possesses a firearm, rifle, shotgun, or explosives.

However, if during the unlawful entry, the person is discovered to have taken items from the property, the charges could be elevated to Burglary which is always a felony. Under these circumstances, the initial act of breaking and entering is assumed and incorporated into the more serious Burglary charge. Convictions for felonies typically lead to longer sentences, and those convicted will serve their time in a state or federal prison rather than a local jail.

The classification of Burglary into degrees in New York is based on several factors, including the type of building involved, whether the building is a dwelling, the time of day the crime occurred, if a weapon was involved, and whether or not someone was injured during the incident.

• A Dwelling: This is a building usually occupied by a person lodging there at night, and burglary of a dwelling is generally treated more severely.
• Weapons and Injury: Possession of a weapon during the offense or causing physical harm to another person significantly increases the gravity of the offense.

Burglary in New York is prosecuted as a felony, which is a serious offense and categorized into three degrees:

• Burglary in the Third Degree (Penal Law § 140.20): A Class D felony, it involves entering or remaining unlawfully in a building with intent to commit a crime.
• Burglary in the Second Degree (Penal Law § 140.25): A Class C felony, which includes the elements of Burglary in the Third Degree, but also occurs in a dwelling or involves the perpetrator carrying a weapon, displaying what appears to be a firearm, causing physical injury to any person who is not a participant in the crime, or using or threatening the immediate use of a dangerous instrument.
• Burglary in the First Degree (Penal Law § 140.30): A Class B felony, this involves the elements of Burglary in the Second Degree but occurs when the perpetrator causes serious physical injury to any person who is not a participant in the crime.

Being convicted of either a misdemeanor or a felony has profound consequences for the accused,  A criminal record can make it more difficult to find employment and can disqualify someone from a host of legal privileges, ranging from professional licenses and certifications to public housing or higher education financial aid.  The more serious crime of which someone is convicted, the more severe the possible sentence which can include lengthy terms or incarceration of probation.

The Role of Intent in Classification of the Offense

Intent plays a crucial role in classifying a Burglary offense in New York. The law requires that the individual not only unlawfully enters or remains in a building but also does so with the intent to commit a crime therein. If the prosecution cannot prove intent to commit an additional crime, the individual may face lesser charges, which might be a misdemeanor depending on the specific circumstances.

Legal Defenses Against Breaking and Entering Charges

There are several legal defenses available against breaking and entering charges, which hinge upon the absence of intent, authorization, or mistake. Here are some potential defenses:

• Authorization or Permission: If you had permission to enter the building or structure, this could be a complete defense against breaking and entering charges. For example, if a friend allowed you to stay at their place or if a business owner provided you with an access code, you have not committed a crime. Evidence of authorization can be demonstrated through messages, emails, or any communication from the property owner.
• Mistake of Fact: You might claim that you entered the building under a mistaken belief that you were allowed to be there. For instance, if you were under the influence and entered a building mistakenly believing it was your own, you could argue a lack of intent to commit an illegal entry.
• Ownership or Right to Enter: If you are the owner of the property, or you have a legal right to enter, then breaking and entering charges are not applicable. This situation might occur if you had to force entry into your own home after being locked out. Proof of ownership or residency, such as a deed or a lease agreement, would be crucial in this defense.
• Lack of Evidence: The prosecution must prove that you entered the building without authorization. If the evidence is weak, inconsistent, or circumstantial, you may argue that the prosecution has not met the burden of proof required for a conviction.
• Duress or Coercion: If someone forced you to break and enter against your will, you could argue that you acted under duress. This defense would require you to show that you had a reasonable fear of immediate harm if you did not comply.
• No Criminal Intent: For a conviction on burglary charges, which are commonly felonies, the prosecution must be proof of criminal intent at the time of entry. If you can show that you had no intention to commit a crime once inside, you may be able to counter the charges.

It’s important to note that a breaking and entering conviction can have significant repercussions on your life, affecting not just your finances due to fines but also potentially impacting your employment and reputation. To mitigate these consequences or to fight for an acquittal, it is advisable to seek the assistance of a criminal defense lawyer. A skilled attorney can assess the case, gather evidence, and develop a strong defense strategy tailored to your specific situation.

Legal Defenses Against Breaking and Entering Charges	Description
Authorization or Permission	Having permission to enter premises is a complete defense. Evidence like messages or emails can support this.
Mistake of Fact	Claiming entry under a mistaken belief negates intent for illegal entry, such as entering the wrong building while under the influence.
Ownership or Right to Enter	Being the owner or having a legal right to enter, like when locked out of one’s home, can counter charges. Proof of ownership is vital.
Lack of Evidence	Contesting weak or inconsistent evidence challenges prosecution’s burden of proof.
Duress or Coercion	Being forced to enter against one’s will due to immediate harm can be argued as duress.
No Criminal Intent	Demonstrating lack of intent to commit a crime upon entry can counter burglary charges, especially with evidence showing no criminal intent.

Consequences of a Breaking and Entering Conviction

In New York, Criminal Trespass and Burglary are offenses with penalties that increase based on the severity of the crime. Criminal Trespass can range from a violation to a felony, while Burglary is always a felony but the possible penalties increase as the degree does.

Criminal Trespass Penalties in New York:

• Trespass (Violation): Not considered a crime; up to 15 days in jail.
• Criminal Trespass in the Third Degree (Class B Misdemeanor): Up to 3 months in jail; occurs in a dwelling or under certain other conditions.
• Criminal Trespass in the Second Degree (Class A Misdemeanor): Up to 1 year in jail; involves a fenced or enclosed property.
• Criminal Trespass in the First Degree (Class D Felony): A maximum of an indeterminate sentence of 3 to 7 years in prison; involves entering or remaining in a building unlawfully with explosives or a deadly weapon.

Burglary Penalties in New York:

• Burglary in the Third Degree (Class D Felony): A maximum of an indeterminate term of 3 to 7 years in prison; involves entering a building unlawfully with intent to commit a crime.
• Burglary in the Second Degree (Class C Violent Felony): Up to 15 years in prison; involves entering a dwelling, or being armed, causing injury, or threatening with a weapon during the burglary.
• Burglary in the First Degree (Class B Violent Felony): Up to 25 years in prison; involves entering a dwelling with the same aggravating factors as the second degree but with more severity.

Convicted individuals can also face monetary fines, restitution to the victims, and post-release supervision. Long-term penalties can a criminal record, a loss of certain civil rights (like the right to vote while incarcerated), and the potential for increased minimum sentences for future convictions.

The Impact of a Felony Record on Future Opportunities

The repercussions of a felony record reach far beyond the criminal justice system. The stigma of a felony conviction can have profound impacts on future opportunities, including:

• Employment: Many employers are hesitant to hire individuals with a felony record, which can severely limit job prospects.
• Housing: Convicted felons may face challenges when trying to rent or buy a home, as landlords and housing authorities often conduct background checks.
• Education: Access to certain educational programs and financial aid can be restricted for those with a felony conviction.
• Professional Licenses: Obtaining professional licenses can be more difficult or impossible in some fields with a felony record.
• Immigration Status: For non-citizens, a felony conviction can lead to deportation proceedings and inadmissibility for re-entry into the United States.

The consequences of a breaking and entering conviction in New York are severe and far-reaching. They make clear the importance of high-quality legal representation which is needed to defend against these charges and protect against long-term effects on one’s life.

Navigating the Justice System with Skilled Defense from Long Island Criminal Defense Attorney Jason Bassett

Long Island criminal defense attorney Jason Bassett can play a pivotal role in such situations. He brings his legal acumen to the table, providing quality representation and aiming to achieve the most favorable outcome. When faced with the complexities of a breaking and entering charge, whether it’s classified as a misdemeanor or felony, having the right legal counsel is crucial to getting the best possible outcome. Jason Bassett, a skilled Long Island criminal defense attorney, stands ready to offer excellent and comprehensive legal representation. His commitment to justice and his clients’ well-being further drives him to give each case the attention and dedication it deserves.

Don’t navigate these dangerous legal waters alone. Reach out to Jason Bassett for a consultation to explore your options and develop a strategy tailored to your unique situation. Secure the legal support you need to address your charges effectively. Contact Jason Bassett today at (631) 259-6060 and take the first step towards not only getting the best legal defense but also towards getting your life back.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Viktoria Altman https://jbassettlaw.com/is-breaking-and-entering-a-felony/ Is Breaking and Entering a Felony?

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/is-breaking-and-entering-a-felony/