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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23533
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Im actually just doing some reading on what can happen with

Customer Question

im actually just doing some reading on what can happen with certain charges to know what to expect for a friend.
JA: Thanks. Can you give me any more details about your issue?
Customer: lets see, for the state of new year. he has charges of felony class c for burglary entering a dwelling, 2 class A misdemeanor for larceny and act manr. injury to a child under 17 AND 2 more class A misdemeanors for assault with intent to cause physical injury and then a violation the first 2 it says "not an arrest charge" the last 2 days " arrest charge"
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Submitted: 9 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 9 months ago.

Hello,

My name is ***** ***** I will assist you with this.

What is the question you wish to ask about your friend's case? Does he know the owner of the dwelling? Is the resident his ex wife or girlfriend? What sort of prior criminal convictions, if any, does he have?

Customer: replied 9 months ago.
daughter's mother's home. So two open cases, has done a year before in riker's island. Has drug charges and other assault charges. 22 years old. Also things that have been dropped. I guess any way that he does not do time? I read minimum is around 3 years for the class c felony. Any options to recommend? He has a public defender.
Expert:  Zoey_ JD replied 9 months ago.

Hello,

Thanks. From the charges, it looked to me as if this might be a blown up domestic matter.

The top count is a Burglary 2. If he has a prior felony offense, then he's a predicate felon. The minimum on a Class C felony for a predicate would be 5 years of prison. The maximum is 15 years. If his priors were only misdemeanors, the minimum on the C is 3 1/2 years.

The larceny is a lesser included charge. That is, when he entered the house unlawfully, it's claimed he took something. The misdemeanor of acting in a manner injurious to a child is usually added when a child is at home who witnesses the event. The misdemeanor assault charge means allegations of unlawful physical contact, but the injuries would be minor.

Felony time absorbs misdemeanor time. That is, if he ends up doing time for the felony, he won't do any extra time on the misdemeanor, They will run concurrent with the sentence and not increase his prison time.

I've seen a number of cases like this over the years, and frequently, the case doesn't get indicted, because depending upon the facts, it looks more along the lines of a family squabble than a true burglary. My guess is that the DA will offer him a plea offer to a D felony such as an attempted burglary and 2 years of prison, which is the minimum on the D. If he turns it down, then the question becomes whether the DA thinks he has a strong enough case to convince a jury beyond a reasonable doubt that the defendant had no right or permission to be there. If so, once this case is indicted, he won't be able to get better than 5 years. If not, they'll reduce the burglary to a trespass and offer him a plea to an A misdemeanor with a year's jail time.

Given a violent history and the fact that he's done a year before, he's unlikely to walk away from this without jail time. His options would be somewhat better, if he can bail out. But right now, the DA has no incentive to offer him anything good, and as he's already incarcerated, the DA is holding all of the cards.