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

Asked almost 2 years ago - 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. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    1

    Best Answer
    chosen by asker

    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
  2. Carlos Gonzalez

    Pro

    Contributor Level 17

    4

    Lawyers agree

    1

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

  3. Benjamin J Lieberman

    Contributor Level 20

    3

    Lawyers agree

    1

    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.

  4. Joseph A Lo Piccolo

    Contributor Level 20

    2

    Lawyers agree

    1

    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

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,575 answers this week

3,167 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,575 answers this week

3,167 attorneys answering