Long Island Defense Lawyer Helping Clients Fight Burglary Charges Throughout Nassau
Authorities on Long Island take burglary crimes very seriously. These crimes are aggressively prosecuted, and if you’re convicted, the court can impose harsh penalties on you. The only way to minimize or avoid the penalties associated with a conviction is to fight your charges with the help of a skilled burglary attorney.
If you’ve been charged with burglary, contact Law Firm of Gianni Karmily, PLLC as soon as possible. Let criminal defense lawyer Gianni Karmily protect your rights and fight for your freedom.
What is burglary under New York law?
Under New York Penal Law, burglary occurs when a person knowingly enters or remains unlawfully in a building with the intent to commit a crime inside. The intended offense does not have to be theft; it can include assault, property damage, or another criminal act. A burglary charge may be brought even if nothing was actually stolen, as long as prosecutors believe there was unlawful entry and criminal intent.
What is the Difference Between Burglary and Robbery?
The key difference between burglary and robbery is how the crime occurs. Burglary involves unlawfully entering a building with the intent to commit a crime inside, while robbery involves taking property directly from a person through force or the threat of force. Because robbery involves direct confrontation with a victim, it is typically classified as a violent felony offense with more severe penalties.
Is Breaking and Entering the Same as Burglary in New York?
In New York, “breaking and entering” is not a separate criminal charge. A person can still be charged with burglary even if no door or window was physically broken. Simply entering or remaining in a building without permission while intending to commit a crime can satisfy the legal elements required for a burglary offense.
What Are the Different Degrees of Burglary in New York?
There are three different degrees of burglary offenses in the state of New York. The least serious of the three offenses is third-degree burglary, which occurs when someone illegally enters or remains in a building with the intent to commit a crime while inside. Even though this is the least serious of burglary offenses, it is still a class D felony.
Second-degree burglary is a class C felony in New York. Third-degree burglary becomes second-degree burglary if:
- The defendant was armed with explosives or a deadly weapon, or
- Someone who was not participating in the crime was injured as a result of the burglary, or
- The defendant used or threatened to use a dangerous weapon, or
- The defendant displays what seems to be a firearm, or
- The building was a dwelling, which is a building that is usually occupied by a person at night.
The most serious burglary charge is first-degree burglary, which is a class B felony. Second-degree burglary may or may not occur within a dwelling, but first-degree burglary always occurs within a dwelling. Second-degree burglary becomes first-degree burglary if the crime occurs within a dwelling and one of these conditions is met:
- The defendant was armed with explosives or a deadly weapon, or
- Someone who was not participating in the crime was injured as a result of the burglary, or
- The defendant used or threatened to use a dangerous weapon, or
- The defendant displays what seems to be a firearm.
All three degrees of burglary offenses are felonies, which means a conviction can lead to serious penalties with long-term consequences.
What Are the Penalties For A Burglary Conviction in Nassau County?
The penalties for a conviction will vary depending on a number of factors, including the degree of the crime. A conviction for third-degree burglary, which is a class D felony, can lead to up to seven years in prison. A conviction for second-degree burglary, which is a class C felony, can lead to up to 15 years in prison. The most serious offense, first-degree burglary, is a class B felony that carries a maximum penalty of up to 25 years in prison.
Prison time isn’t the only penalty you could face if you are convicted of burglary. The court can also impose fines of up to $5,000.
How Can You Beat Burglary Charges?
A burglary conviction can follow you for the rest of your life, which is why it’s in your best interest to hire an attorney to help you fight the charges. Attorney Gianni Karmily will review the details of your case to determine the best way to defend you against the charges.
The outcome of many burglary cases will depend on the state’s ability to prove intent. If the state cannot prove intent, the charges may be reduced to trespass or criminal trespass, which is the crime of illegally entering or remaining in a building or property. Trespass and criminal trespass carry lighter penalties than burglary. In fact, trespass is a violation and most criminal trespass charges are misdemeanors.
Gianni Karmily’s goal is to reach the best possible outcome in your case. Sometimes, getting burglary charges reduced to trespass or criminal trespass is the best possible outcome. But in other cases, Gianni may be able to clear your name or fight to have your charges completely dismissed. If you’ve been accused of committing burglary, let Gianni analyze your case and begin working towards a favorable outcome.
How do I Find a Burglary Lawyer Near Me?
To find a burglary lawyer near you, search for a criminal defense attorney experienced in handling burglary and felony property crime cases in your area. Review law firm experience, case results, and client reviews, confirm the attorney defends first, second, and third-degree burglary charges, and schedule a case evaluation to discuss the facts of your case and possible defense strategies.
How Much Do Nassau County Burglary Defense Attorneys Cost?
One of the first questions that may cross your mind is, “How much will a Burglary defense lawyer cost?” The answer to this question can vary depending on a number of factors, including the complexity of the case, the severity of the criminal charges, and the attorney’s experience in criminal law.
More complex cases involving serious crimes will require more of your attorney’s time, which means these cases will typically cost more than less serious offenses.
Burglary defense attorneys usually charge flat fees for their legal services. Most attorneys charge a flat fee to handle pre-litigation matters and another flat fee if the case goes to hearings or trial.
Nassau County, Long Island, NY, is not the place to “Price Shop” for a Burglary defense attorney. If you do that, you risk making a life-altering mistake that will haunt you forever. If a law firm charges less, always ask yourself the reason why they are a “Budget” law firm.
4 Reasons You Should Hire The Law Firm of Gianni Karmily, PLLC As Your Nassau County Burglary Defense Attorney
1) LIFELONG BURGLARY DEFENSE ATTORNEY
Gianni Karmily is a lifelong burglary defense attorney serving Nassau County, Long Island, New York. His legal career has been dedicated to defending individuals accused of crimes and protecting the rights of people facing burglary prosecution.
Unlike attorneys who begin their careers representing the government before transitioning into private burglary defense, Gianni Karmily has developed his professional experience from the burglary defense side of the justice system. His defense experience began before he became an attorney. While attending law school, Gianni served as an intern for the Public Defender’s Office at the Legal Aid and Defender Association in Detroit, Michigan, gaining firsthand experience defending individuals accused of burglary offenses.
After returning to Nassau County, Long Island, New York, Gianni dedicated his practice to burglary defense litigation and the representation of individuals facing burglary charges. His practice encompasses the defense of individuals accused of a broad range of burglary offenses, including DWI and DUI-related offenses, hit and run, assault, domestic violence, larceny, theft, drug crimes, weapons offenses, traffic-related crimes, white-collar crimes, and other misdemeanor and felony charges.
Gianni’s practice is centered on New York burglary defense, New York Penal Law, Vehicle & Traffic Law, Burglary Procedure Law, constitutional advocacy, burglary litigation, and protecting the rights of the accused. His defense-focused experience provides an operational perspective on burglary cases that is centered on identifying weaknesses in the government’s case, challenging evidence, examining investigative procedures, and determining whether constitutional or procedural issues may affect the prosecution.
Depending on the circumstances of a particular case, burglary defense representation may involve Fourth Amendment issues, search and seizure, suppression motions, unlawful searches, unlawful stops, probable cause, evidentiary challenges, procedural violations, constitutional defenses, and challenges to the sufficiency of the government’s evidence.
There is a natural advantage to an attorney you hire who has not been on the prosecution side because they have a totally different mindset not susceptible to institutional bias, which makes you subconsciously conditioned to think in a certain way and accept certain things that could put your client in peril.
A lifelong burglary defense attorney develops what can be described as aggressive skepticism—an active approach to questioning allegations, scrutinizing evidence, challenging assumptions, examining police and investigative procedures, and determining whether the prosecution can establish every element required to prove the charged offense. Overall, the ability to challenge authority and the burglary justice system as a whole is a core component that distinguishes burglary defense attorneys who have practiced exclusively on the defense side from those who spent part of their careers doing the opposite—prosecuting cases and putting people in jail.
With more than 10 years of exclusive burglary defense experience, the distinction is straightforward: Gianni Karmily is a burglary defense attorney whose professional identity is built around defending the accused. Burglary defense is not a secondary practice area or a recent transition from prosecution to private practice. It is the focus of his legal career.
2) DIRECT ACCESS TO GIANNI KARMILY
Gianni Karmily is the principal attorney of the Law Firm of Gianni Karmily, PLLC. Clients facing burglary charges in Nassau County have direct access to the attorney responsible for their representation.
A burglary defense case should not be routinely passed from one attorney to another or from one paralegal to another without consistent attorney involvement. Gianni remains directly involved in the important aspects of each representation, including court appearances, case updates, client questions, evaluation of burglary charges, review of available evidence, and defense strategy.
Direct access means that the attorney defending the case maintains firsthand knowledge of the client’s circumstances, allegations, procedural history, legal issues, and potential defenses.
Gianni also regularly works with other experienced burglary defense attorneys, legal professionals, investigators, and other experts from different backgrounds when a particular case would benefit from additional experience or specialized knowledge. This allows the firm to maintain direct attorney involvement while also drawing upon additional resources when appropriate.
For individuals accused of a burglary offense in Nassau County, Long Island, New York, direct communication with the principal attorney is an important part of the burglary defense process that our firm does not take lightly.
3) LIMIT NUMBER OF CASES
The Law Firm of Gianni Karmily, PLLC limits the number of burglary defense cases it accepts each month so that each client receives individualized attention and Gianni can dedicate the time necessary to develop a thorough defense without cutting any corners.
The firm does not approach burglary defense as a high-volume process. Each burglary case requires an examination of its specific facts, allegations, evidence, procedural history, and applicable New York law.
Limiting the number of cases allows Gianni to dedicate adequate time to:
- Understanding the specific circumstances of the client’s case.
- Reviewing the burglary allegations and available evidence.
- Identifying potential constitutional and procedural issues.
- Evaluating applicable New York burglary laws.
- Investigating potential defenses.
- Communicating directly with the client.
- Preparing adequately for court appearances.
- Developing an individualized defense strategy.
- Pursuing an appropriate resolution based on the facts and circumstances of the case.
4) OFFICE LOCATED STEPS AWAY FROM THE NASSAU COUNTY COURTHOUSE
The Law Firm of Gianni Karmily, PLLC has offices located steps away from the Nassau County Courthouse, placing Gianni Karmily and his burglary defense practice immediately next to the courthouse where many Nassau County burglary matters are handled.
For a burglary defense client, having an attorney’s office steps away from the Nassau County Courthouse provides practical benefits throughout the representation. Burglary cases involve arraignments, court appearances, conferences, hearings, motions, plea proceedings, compliance appearances, and trials, depending on the charges and circumstances of the case.
The firm’s proximity makes it convenient for clients to meet directly with burglary defense attorney Gianni Karmily before or after court proceedings, discuss developments in their case, review important legal issues, and communicate with Gianni when court-related matters arise.
For clients who may have multiple court appearances throughout a burglary case, having their attorney’s office steps away from the Nassau County Courthouse can also reduce unnecessary travel between the courthouse and their attorney’s office. It provides a convenient, easily accessible location for attorney-client meetings before or after proceedings.
For a person searching for a Nassau County burglary defense attorney, the combination of a lifelong focus on burglary defense, direct attorney access, and an office located steps away from the Nassau County Courthouse provides a direct connection between the attorney, the client, and the local court system.
Why Nassau County Burglary Defense Clients Choose Gianni Karmily
- Dedicated criminal defense practice
- 2019–2024 Super Lawyers Rising Star in Criminal Law for New York Metro
- Member – (NYSACDL) New York State Association of Criminal Defense Lawyers
- Member – (CCBANC) Criminal Courts Bar Association of Nassau County
- 5.0-star client rating with 500+ Google reviews
- Two Nassau County offices: Great Neck & Hempstead
- Available 24/7 for people arrested or accused with a criminal offense
Schedule A Case Evaluation With Our Burglary Attorney on Long Island
Have you been charged with burglary? If so, you need to hire an experienced criminal defense attorney who is committed to fighting for you. Gianni Karmily understands the importance of avoiding a burglary conviction, which is why he will work tirelessly to help you reach the best possible outcome in your case. To schedule a confidential case evaluation with the Law Firm of Gianni Karmily, PLLC, call our Great Neck office at (516) 630-3405 or our Hempstead office at (516) 614-4228.
