Long Island Theft and Burglary Attorney
If you have been accused of theft or burglary in Suffolk County or Nassau County, you need an experienced Long Island theft and burglary attorney with an extensive knowledge of the legal system. You can risk telling your story to a judge, or you can hire an experienced Long Island theft and burglary attorney who knows the legal system.
Theft and Burglary
Theft is taking someone else’s property without the intention to return it, and it involves an element of dishonesty. That element of dishonesty can be difficult to prove.
Burglary is trespassing into a building or part of a building with the intent to commit a crime while on the property. Note that it is not necessary for the crime committed on the property to be the unlawful taking of somebody else’s possessions – the intent to commit any criminal act on the property will suffice to categorize an offense as burglary. In other words, property does not be taken for someone to be burgled. Someone who enters the dwelling of another with the intent to commit an assault or battery can just as easily be charged with burglary as the person who enters the property to steal. What differentiates burglary from simple trespass is an intent to commit a crime while on the property. Whenever the law finds that somebody intended to perform a criminal act, it seeks to punish that person more harshly than if the person had violated the law by mistake or under duress.
Whether the charge is theft or burglary, the consequences can be far reaching for those accused. In this day and age, being convicted of a crime like theft or burglary can leave a person feeling ostracized by his or her community and, in fact, unable to keep or find employment. Depending on the circumstances and the object stolen, theft and burglary can lead to heavy fines, jail time or even prison.
The specific circumstances surrounding an alleged theft or burglary will determine what kind of punishment an accused might face if convicted. The value of the item taken, the amount of damage caused while trying to take the item, whether or not force or the threat of force was used in taking the item, whether or not a weapon was involved, and other factors, will all play a part in determining what level of severity to attach to the alleged offense. Punishment for a conviction, after considering all the facts surrounding a case, can range from fines to serious prison time.
In New York, several theft crimes are classified under the general label of “theft”. There are three degrees of crimes entitled “Unlawful Use of a Vehicle”, five degrees of “Criminal Possession of Stolen Property”, provisions that make the theft of services a crime, and others. Under “burglary” are three different degrees of burglary as well as provisions that make possession of certain implements used by burglars a crime.
The law grades criminal charges such as theft and burglary offenses because it’s just good public policy to do so. We don’t want to treat the common thief the way we would the serial murderer. The law understands that there is a certain state of mind needed to commit a criminal offense and this state of mind is not always illustrated in black and white. This is why anyone accused of a crime has the opportunity to tell his or her side of the story in court.
If you are facing theft or burglary charges, don’t hesitate to contact the Long Island theft and burglary attorneys at the Mirsky Law Firm. Whether you have been accused of misdemeanor shoplifting or felony grand larceny, you will need the help of an experienced criminal defense lawyer. Both felonies and misdemeanors carry serious penalties, which is why it’s so important to contact an attorney who will fight for your rights as soon as possible after an arrest.
What To Do If You’re Accused
When individuals are accused of theft or burglary, they will no doubt be questioned by law enforcement. If this happens, the accused should remain silent. An advisement of rights does not trigger rights, the right to remain silent is always present in any interaction with police, whether they advise the suspect of his or her rights or not. Therefore, this right should always be exercised by anyone accused of a crime until the accused can speak with their own legal counsel. This is perhaps the best way to avoid a wrongful conviction based on a statement or comment that was misunderstood / misreported by police.
To handle their defense, only an experienced theft / burglary defense attorney should be trusted with the job. Depending on the severity of the charges, the accused could have their very freedom on the line. This is not something that should be risked with self representation or inexperienced counsel. In a court of law, the best defense in theft or burglary cases is always a strong, diligent criminal defense attorney who can protect your rights and provide you with legal advice.
Hire A Long Island Theft and Burglary Attorney
Just because an act appears to be theft or burglary on its face, a person is not guilty of any crime until found guilty by a court. In arguing the guilt of the accused, the prosecution will have to prove, beyond a reasonable doubt, that the accused did in fact perform certain parts, or elements, of each crime. Failure to show that any of the single elements exists, and the prosecution has failed to make a successful case.
We don’t just assume your guilt. Our lawyers believe each client is innocent until proven guilty. Maybe you thought the person said you could take the object, or maybe you attempted to retrieve what was rightfully yours. Some theft and burglary defendants are accidentally misidentified – other suspects are the outright victims of fabricated allegations. The alleged victim may need to prove ownership of the object. There are many scenarios that may occur, and it takes a skilled Long Island theft and burglary attorney to present these scenarios to the judge or jury.
When you hire the Long Island theft and burglary attorneys at the Mirsky Law Firm, you can feel confident that you’ve got more than 80 years of combined experience backing you up. We have experience defending clients accused of theft and burglary, and will work diligently to prove your innocence. Call today or fill out the form on this site for a free consultation.
