What is the penalty for breaking and entering a hess gas station while drunk and stealing candy?

Asked over 4 years ago - Syracuse, NY

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Attorney answers (2)

  1. Michael Dreishpoon

    Pro

    Contributor Level 6

    1

    Lawyer agrees

    Answered . You can be charged with Burglary in the Third Degree, a Class D felony, which carries a maximum penalty of 2 1/3 - 7 years in prison. If it's your first offense, your attorney probably will be ablle to work out a plea bargain deal wherean you don't have to do any jail time.

  2. Donalda Jean Gillies

    Contributor Level 14

    Answered . Mr. Dreishpoon is correct. Those facts would correlate to a Burglary in the 3rd Degree, which is considered a non-violent felony. Prison time is not mandatory on a non-violent felony.

    You should get an attorney involved right away, and you probably should get into treatment for your drinking. The minimum likely sentence on a Burglary 3 is 5 years of probation, and, under such circumstances, probation will likely include alcohol conditions.

    This is not to say that you and your attorney shouldn't thoroughly look into the facts of the case and the evidence that the prosecutor has. It may be that there are problems with the case that may help you get a better deal. (Being drunk is usually not a problem with a prosecutor's case, although, in extreme circumstances, it might be.)

    DISCLAIMER: This answer to a short question is provided solely for general informational purposes and based on general legal principles and court practice. This answer does NOT constitute legal advice, create an attorney-client relationship, or constitute attorney advertising

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