How much time for burglary in the 3rd degree for a repeat felon?

he was caught with stolen property. the officer said it can be changed to burglary if they find his finger prints in the home. since he has prier burglary charge, even if they don’t find his prints in the home can they still change it to burglary. he said he bought the property off a person. there was no witnesses

Asked on August 2, 2012 under Criminal Law, New York

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

First, you will need to retain an experienced criminal defense attorney to represent you on this charge. In most jurisdictions, not only are burglary charges taken very seriously, but you will be considered an habitual offender which means that the criminal penalties against you can increase. If there are no witnesses, then it becomes his name against the police, which could be in his favor.

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

First, you will need to retain an experienced criminal defense attorney to represent you on this charge. In most jurisdictions, not only are burglary charges taken very seriously, but you will be considered an habitual offender which means that the criminal penalties against you can increase. If there are no witnesses, then it becomes his name against the police, which could be in his favor.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.