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

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?

Kingston, NY -

Attorney Answers (4)

Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

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.... more
Carlos Gonzalez

Carlos Gonzalez

Criminal Defense Attorney - New York, NY
Answered

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

Benjamin J Lieberman

Benjamin J Lieberman

Criminal Defense Attorney - New York, NY
Answered

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.

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Criminal Defense Attorney - Garden City, NY
Answered

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... more

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