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

Syracuse, NY |
Attorney answers 2


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.


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.)

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