Burglary Attorney in Nassau County

Former Prosecutors Defending Serious Burglary Charges

Richard Lerner and Kimberly Lerner draw on their experience as former prosecutors when defending burglary charges. At Lerner & Lerner, P.C., this father-daughter team represents Nassau County defendants accused of felonies and misdemeanors, including allegations of illegally entering or remaining in a building or dwelling.

With more than 70 years of combined legal experience, we examine the elements of the charge and the facts supporting it. A burglary accusation can depend on the accused person’s alleged intent, the type of property involved, and whether the prosecution claims aggravating conduct occurred.

Call our burglary attorneys at (516) 586-0383 to discuss the accusation and your need for legal representation.

What New York Law Requires for a Burglary Charge

Under New York Penal Law § 140.20, burglary requires knowingly entering or remaining unlawfully in a building with the intent to commit a crime there. The prosecution must establish both unauthorized presence and the required criminal intent at the relevant time.

Being on the property without permission doesn’t by itself establish burglary under this statute. How the person accessed the property, what the person did there, and the evidence offered to prove intent can become central issues in the case.

Article 140 defines two locations commonly involved in burglary allegations:

• Building: The term can include a structure, vehicle, or watercraft used for overnight lodging or carrying on business.
• Dwelling: A dwelling is a building usually occupied by a person lodging there at night.

How Burglary Differs from Robbery

Burglary concerns illegally entering or remaining in a building for a criminal purpose. Robbery involves taking property from a person through force or the threat of force and doesn’t require unauthorized access to a building.

Degrees of Burglary Under New York Penal Law

New York recognizes three degrees of burglary, all classified as felonies. The degree depends on the location and the conduct allegedly occurring during the intrusion, while inside, or in immediate flight from the property.

Burglary in the Third Degree
Burglary in the third degree is a class D felony. It applies when a person knowingly enters or remains unlawfully in a building for the purpose of committing a crime inside.

Burglary in the Second Degree
Burglary in the second degree is a class C felony. An allegation involving a dwelling can elevate the charge to this degree. It can also apply when specified aggravating circumstances accompany an alleged burglary of a building.

Those statutory aggravating circumstances include:

• Being armed with explosives or a deadly weapon.
• Causing physical injury to a person who isn’t participating in the crime.
• Using or threatening to use a dangerous instrument.
• Displaying what appears to be a firearm.

Burglary in the First Degree
Burglary in the first degree is a class B felony. It requires an allegation involving a dwelling and a criminal purpose, along with one of the specified aggravating circumstances listed above.

Possession of Burglar’s Tools
Possession of burglar’s tools is a separate class A misdemeanor under § 140.35. The prosecution must establish the elements of that offense rather than rely solely on a related burglary allegation.

The Nassau County Court Path for a Felony Charge

Nassau County District Court has preliminary jurisdiction over felony cases, including felony arraignments. At arraignment, the accused is formally advised of the charge and enters the criminal court process.

District Court conducts trials for misdemeanors, violations, and infractions, but not felonies. After an indictment, which is a formal felony accusation returned by a grand jury, a Nassau County burglary case proceeds to County Court or Supreme Court for trial. The court handling the case can therefore change based on the charge and procedural stage.

We identify the statutory elements at issue, evaluate how the allegations relate to the charged degree, and address the case in the court currently exercising jurisdiction.

Recognized Credentials for Serious Felony Defense

We have successfully handled thousands of cases. Richard Lerner and Kimberly Lerner both hold AV Preeminent ratings from Martindale-Hubbell and have received recognition from Super Lawyers.

Kimberly Lerner has also appeared as a featured legal correspondent on MSNBC, CNN, Fox News, and other networks. Her public analysis of legal issues complements the courtroom perspective that she and Richard Lerner bring to criminal defense representation.

Discuss Your Burglary Charge with Our Firm

People seeking a burglary lawyer in Nassau County can contact us by phone or through our contact form. We represent clients in criminal defense matters throughout Long Island, including Nassau County, and can discuss the accusation and its current procedural stage.

Call Lerner & Lerner, P.C. at (516) 586-0383 to speak with us about representation after a burglary allegation or arrest.