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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4396
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I got charged with burglary in the 3rd I do have a little

Customer Question

I got charged with burglary in the 3rd I do have a little criminal history with attempted pety l
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. Because laws vary from state to state, could you tell me what state is this in?
Customer: Larceny and like 10 yes ago I was charged with pety Larceny. I'm in nys
JA: Have you consulted a lawyer yet?
Customer: No
JA: Please give me a bit more information, so we can help you best.
Customer: I entered my work 3xs without permission using a key, the first 2 times I took money and the 3rd time I did not. They charged me with burglary in 3rd 3xs for each time I entered
JA: Is there anything else important you think the Criminal Lawyer should know?
Customer: That's it.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 6 months ago.

Hello.

What state are you in? And so that I can best help you, what exactly do you want to know? Thanks!

Customer: replied 6 months ago.
I'm in nys, I'm just trying to figure out if these charges can possible be reduced and how to not face jail time
Expert:  Hammer O'Justice replied 6 months ago.

OK, thanks for the additional information.

In New York, burglary in the third degree is a Class D felony punishable by up to 7 years in prison for each count. I would suggest getting a lawyer because I see you haven't talked to one yet. If you can't afford one, then you may want to contact the public defender's office to see about securing representation. Since you are facing felony charges and up to 21 years in jail, it is a good idea to have someone to protect your rights and negotiate on your behalf.

It may be possible for an attorney to negotiate a non-jail sentence for you and get you probation instead. It would depend on a lot of factors. The fact that your record is old will help, although the fact that it is for the same type of crime is not great for you. If the money you stole wasn't a lot, that will also weigh in favor of probation. It will depend in part on what the victim wants...ie if your work is not that interested in seeing you go to jail and perhaps they want you to repay the money instead, that will encourage the prosecutor to offer a non-jail sentence. It will also help if you have mitigating factors...i.e. a sympathetic reason for why you committed the burglary/theft. So it is not impossible for an attorney to argue for probation in your case, but it is a close call.

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