My boyfriend has a 140.25 FC (BURGLARY-2ND C Felony) whats going to happen to him?

Asked almost 3 years ago - New York, NY

Hes been in rikers island since october 28th 2011, hes only 17. He has a sqeaky clean record, this is his first offense, and the only evidence they have is a statement and video from him saying he did it. when him and his brother were arrested the stolen property was found on his brother not him. His brother has a horrible record and hes on probation they both have court together the 31st of this month.

Attorney answers (3)

  1. Joseph A Lo Piccolo

    Contributor Level 20

    Answered . Many things can happen.

    Although he's 17 and clean, I'm sure he is charged under "acting in concert" so the statement plus the stolen property on his brother could be enough to convict him.

    He faces a minimum of 3 1/2 years if convicted as an adult. If he is given a youthful offender adjudication, he could get time served and pro bation or up to 1 1/3-4 years or something in between.

    You should speak to his lawyer for a better understanding of the status of the case.



    Joseph A. Lo Piccolo, Esq.
    Hession Bekoff & Lo Piccolo, LLP
    President, Criminal Courts Bar Association of Nassau County
    1103 Stewart Avenue, Suite 200
    Garden City, NY 11530
    (O) 516-408-3666
    (F) 516-408-3833
    Jlopiccolo@hbclaw.net

    Sent from my Verizon Blackberry

    ----- Original Message -----

  2. Richard C. Southard

    Pro

    Contributor Level 19

    Answered . There are a wide variety of things that can happen to him but essentially they fall into two categories. Either your brother's attorney cannegotiate a plea bargain for him that is acceptable to your brother and he accepts a deal or he goes to trial and the DA has to prove the charges against him Beyond a Reasonable Doubt. A confession and video are pretty convincing evidence as jurors assume that people never would confess to a crime they didn't commit. That's not to say it's unbeatable but no lawyer could make that determination without reviewing all the evidence. You should be speaking to your brother and his attorney to see what if anything you and the family can do to help get your brother a better deal. Because he's only 17, he should have a shot at a non-jail or minimal jail disposition.

    Richard Southard
    212-385-8600
    I am a former prosecutor with over 15 years experience specializing in criminal law cases.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more
  3. Benjamin J Lieberman

    Contributor Level 20

    Answered . There is a wide range of sentencing possibilities that streches from no jail time (ie probation) to up to 15 years in state prison. Your boyfriend can with accept a deal in a plea bargain or he can fight this all the way to and through a trial. The best thi g to do would be based on the facts and circumstances as well as the strenghths and weaknesses of the prosecuion's case. The attorney representing your boyfriend is in the best position to give proper advise. Good Luck.

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