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Is it burglary if a culprit first decides to commit a crime only after entering a building?

Kingston, NY |

If someone grew some marijuana plants on the outside of an abandoned building on the deck and then got caught entering the building thereafter when the police arrived, but had no intent to commit a crime while inside, can they charge me with burglary and would it stick?

Attorney Answers 4


  1. Best answer

    I think I saw this question several times last week. This version sounds more like a trespass.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  2. I believe youve asked this several times already. Yes they can charge you with the Burglary and it could legally stick. Whether or not a jury would buy it is a different story. If you were charged get a lawyer and review all of the facts and circumstances with him/her. S/he can best advise and guide you.


  3. Arguably tyou entered into the premises with the intent to commit the crime of facilitating your growth of marinjuana, or trespassing...


  4. They can try but it will be very fact specific.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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