Enter macy during the not allow entering time and get about $400 item again. Now claim as D felony and 30 days jail. What trespass belong to? felony or misdemeanor? Anyway I dont want felony record.Give me some suggestion, tks!
If you entered the store while a trespass notice was in effect against you (ie. you had been caught shoplifting in the past) then burglary is the proper charge. I suggest you hire a good criminal defense lawyer. These can be hard cases. I have one know where the DA is seeking jail time.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Burglary is a felony. If you had permission to enter Macy's, it would just be a misdemeanor petit larceny. However since you did not have permission to enter Macy's (because of your previous theft) then it became a burglary which by definition is entering a building without permission with the intent to commit a crime therein (in this case theft).
I suggest you stop worrying about what level crime you are charged with and start looking for an attorney to handle this for you as it is a crime whether it is a misdemeanor or a felony.
I suggest that you review Article 140 of the Penal Law which can be found at: http://ypdcrime.com/penal.law/article140.htm. I also suggest that you exercise your right to remain silent and your right to a lawyer.
The information provided is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. The information is not guaranteed to be correct, complete, or current. I make no warranty, expressed or implied, about the accuracy or reliability of the information. You should not act or rely on any information at above without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisement
Burglary is a felony. You are facing serious charges and should immediately seek out an experienced criminal defense attorney.
Burglary is a felony...............
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
You or your attorney seem confused. Stealing an item valued at less than $500 would amount to Petit Larceny, an A misdemeanor. However, if you entered a location without permission in order to steal the item you'd also be guilty of burglary, which is a felony. Burglary is, in essence, entering somewhere unlawfully with intent to commit any sort of crime inside. So if the DA can prove you intended to steal the item when you entered the store (despite knowing you weren't welcome there), then they'd be able to prove you guilty of burglary. Since this is a very serious charge that could involve jail time, get yourself a good attorney right away.
Mr. Reibstein is a former New York City prosecutor and second-generation criminal attorney. Unless a formal letter of engagement or retainer agreement has been entered into by and between the reader and the attorney this answer shall not be construed as official legal advice on any specific facts or circumstances. Its contents are intended for general information purposes only. No attorney-client relationship has been created.
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