ROBBERY / BURGLARYCharged with Robbery or Burglary and
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Robbery Burglary Charges Attorney

While the terms are sometimes used interchangeably in everyday conversation, in the legal world, robbery and burglary are not the same crime.

Robbery is defined as the forceful taking of property from another.

Burglary is defined as illegally entering or unlawfully remaining inside a location (residential or commercial) with the simultaneous intent of committing a crime therein.

If you have been charged with robbery or burglary in New York, you could be facing extremely serious penalties including a mandatory lengthy prison sentence.  The allegations against you have the potential to make a lasting negative impact on your personal and your professional life, and if you are convicted, a criminal record could continue to haunt you for years to come

Mandatory Sentencing for Violent Felonies

While the definitions are different, robbery and burglary are alike in that they are both very serious charges and can be considered violent felony offenses depending upon the existence of certain aggravating factors. Examples of aggravating factors which can elevate these charges include but are not limited to:

  • Being aided by another person present at the time of the commission of the alleged crime.
  • Being in possession of or utilizing a weapon.
  • Entering or remaining unlawfully in a residence.
  • Causing injury to another person.

Felonies which are classified as violent carry mandatory upstate imprisonment (more than one year in duration), which requires the convicted offender to serve at least 85% of the jail term imposed, with ultimate conditional release to community/parole supervision for an additional period of time. If the offender violates the conditions of his or her community/parole supervision, additional jail time can be imposed.

Robbery is defined in Article 160 of the New York Penal Law.

Under Article 160, robbery can be classed as third, second, or first degree, all of which are felonies. 

  • 1st Degree: Class B Felony, up to 25 years in prison (mandatory minimum of 5 years)
  • 2nd Degree: Class C Felony, up to 15 years in prison (mandatory minimum of 3 1/2 years)
  • 3rd Degree: Class D Felony, up to 7 years in prison

Burglary is covered by Penal Law Article 140, and is broken down the same way as robbery. The charges can be third, second, or first degree, which are respectively classified as D, C, and B felonies.

It is worth noting that under Article 140, the mere possession of burglar’s tools can also be charged as a crime. This offense is a Class A misdemeanor, which can be penalized with up to one year of incarceration and a maximum fine of $1,000.  Burglar’s tools can be “any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises… larceny by a physical taking, or… theft of services.”

Experience in Getting Acquittals, Reduced Sentences, and Charges Dismissed

There are many issues and potential defenses that need to be explored and developed as soon as possible when defending robbery or burglary charges.  For example, important factors can include:

  • Bail application preparations.
  • Investigation of facts.
  • Location of and preservation of potential exculpatory evidence and witnesses.
  • Potential plea-bargaining options.
  • Grand Jury preparation.
  • Motion practice.
  • Suppression of illegally obtained evidence.
  • Trial preparation and strategy.

Aggressive Legal Help is What Matters Most

Victor Knapp has successfully defended numerous clients at trial, especially in cases where the prosecution has relied upon the purported accuracy of the identification testimony introduced into evidence. In his attack upon the accuracy and reliability of identification testimony, he has utilized experts in the fields of:

  • Eyewitness identification testimony.
  • Telephone cell tower extrapolation from telephone records.
  • Video analysis.
  • Fingerprint and DNA analysis.

All of these factors can play a vital role both before and during trial.

If you have a pending case for a Burglary or Robbery Charge, you don't have to go through it alone.

Victor Knapp has been in private practice as a criminal defense lawyer since 1981, and has offices directly across the street from the Criminal Courthouse in Kew Gardens, New York. He has successfully represented thousands of persons, including high profile targets, accused or suspected of committing drug offenses throughout his legal career during the investigatory, arraignment, conference, Grand Jury, Pre-trial suppression, trial and post-conviction stages. He practices throughout the New York areas and he is available 24/7 for emergencies as well as for all state cases on Long Island, Brooklyn, Bronx, Manhattan and Westchester / upstate New York and for federal cases nationwide.

When you need a Burglary Robbery Charges attorney or criminal defense lawyer, Victor Knapp is here to serve you. With offices conveniently located in Kew Gardens, the practice is uniquely situated to serve clients in Queens, Brooklyn, Long Island, and the five-borough area. To arrange for a private case evaluation, call (718) 263-9000 at any time or day or night. You can also contact us online.

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    Mr. Victor Knapp is a Criminal Defense Lawyer in Kew Gardens neighborhood of Queens, New York.  Many say that he is the best Criminal Defense Lawyer in Queens and the surrounding neighborhoods of Jamaica, Forest Hills, Bayside, Woodside, Elmhurst, Jackson Heights, Queens Village, Bellerose, Fresh Meadows, Glendale, Richmond Hill, Ozone Park, Glen Oaks, Howard Beach, Middle Village, Ridgewood, Long Island City, as well as other communities in the counties of Brooklyn, Bronx, Manhattan, and Staten Island, including Nassau County, Suffolk County and on the East End (Hamptons) of Long Island.


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