Asked in Criminal Law for New York

Q: Is it considered Burglary 2nd violent felon if the person was given the key by the home owner to be able to enter?

The home owner admits in the deposition they did that the person was given the key by the home owner and the key was where the home owner told the person to leave the key when they where done working for the day. The home owner had left for the day. Nobody was in the home when the crime was commited. Is it considered burglary 2nd violent felon if the home owner gave the person a key to enter the home?

Related Topics:
1 Lawyer Answer
Aubrey Claudius Galloway
Aubrey Claudius Galloway
  • Criminal Law Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: You can argue the defendant was invited into the home, but that is no excuse for any crime he committed therein.

Burglary in NY is (1) entering the premises of another (2) with the INTENT of committing a CRIME THEREIN

So the evidentiary burden is on the prosecution to prove beyond a reasonable doubt that (1) when the defendant opened the house with the key (physical act) he was (2) INTENT on committing a crime in the house (guilty mind) . - NOTE: NY Law does not require a theft or conversion nor does it require the place to be a dwelling or that the entry occurred at night (these are elements in some other states) BUT LIKE MOST CRIMES IT REQUIRES A GUILTY ACT AND A GUILTY MIND; If the defendant can create a reasonable doubt over either, a jury must acquit.

IF D has not had a grand jury or felony hearing yet hire a lawyer before that.,

Hope this helps.

Call if you need some free guidance; I do lots of criminal law.


(914) 912-1555


Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.