Charged with Robbery or Burglary and need a Defense Lawyer in Queens?
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 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 expensive fines and a 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.
Victor Knapp: Experienced Queens Robbery and Burglary Defense Lawyer
During this challenging time, it is absolutely critical that you have the professional support of a dedicated and knowledgeable attorney with practical experience handling the charges you are facing now. Criminal defense lawyer Victor Knapp, Esq., has over 33 years of experience representing clients in Queens charged with Robbery and/or Burglary. As a well-known Robbery and Burglary Defense Lawyer in Queens, Victor Knapp committed to aggressive client advocacy, Victor Knapp may be able to help.
To schedule a private legal consultation, call our law offices right away at (718) 263-9000. Don’t say a word, and don’t wait until it’s already too late: contact us today to start exploring your options.
Mandatory Sentencing for Violent Felonies in New York
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 parole supervision for an additional period of time. If the offender violates the conditions of his or her parole, additional jail time can be imposed.
Robbery is addressed by Article 160 of the New York Penal Code. Under Article 160, robbery can be classed as third, second, or first degree, all of which are felonies.
- 3rd Degree: Class D Felony, up to 7 years in prison
- 2nd Degree: Class C Felony, up to 15 years in prison
- 1st Degree: Class B Felony, up to 25 years in prison
Burglary is covered by 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.
Victor Knapp has successfully defended numerous clients at trial, especially in cases where the prosecution has attacked the accuracy of the identification testimony introduced into evidence. 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.
To schedule your confidential case evaluation with Victor Knapp, Esq., call anytime, 24 hours a day, 7 days a week, at (718) 263-9000. You can also contact us online.
His practice is not limited to Queens County 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. Charged with robbery and burglary in the first degree, the prosecution presented eye witnesses that placed Victor Knapp’s client at the crime scene. Knapp was able to discredit testimony using… Read More
Case Results for Robbery and Burglary
Charged with robbery and burglary in the first degree, the prosecution presented eye witnesses that placed Victor Knapp’s client at the crime scene. Knapp was able to discredit testimony using… Read More