Burglary Arrests In Connecticut (Part 1 of 3)
Burglary Arrests In Connecticut
(Part 1 of 3)
The big homes and flashy shopping establishments in the wealthy towns along Fairfield County Connecticut’s Gold Coast have frequently left these towns vulnerable to property crimes like Burglary. As a result, many police departments have dedicated resources and tax dollars to prosecuting Burglary arrests in Greenwich, Darien, Stamford, Greenwich and Westport Connecticut. Similarly, store and car Burglary arrests in Stamford, Greenwich and Darien Connecticut carry the same jail penalties as home burglary arrests in Stamford and Greenwich Connecticut. What top Stamford Burglary criminal lawyers will tell you, however, is that there’s hope—in many cases, you can successfully fight your Burglary arrest in Stamford or Greenwich Connecticut. You see, the lines between Burglary and Criminal Trespass are often very blurry. Entering someone’s home, car or store without permission is not always a Felony Connecticut Burglary. This statutory confusion and overlap can oftentimes help you in fighting your Stamford Connecticut burglary arrest. So if you have been arrested for Burglary in Stamford, Norwalk, New Canaan or Darien Connecticut, you should contact a top Stamford Connecticut criminal lawyer attorney to learn how to start fighting your Connecticut Burglary arrest quickly and cost-effectively.First Degree Burglary Arrests Under CGS 53a-101 and Their Penalties
As the best Greenwich Connecticut criminal lawyers would agree, there are three subsections of Connecticut’s Burglary laws—First, Second and Third Degrees. Burglary in the First Degree, codified in C.G.S. § 53a-101, is a Class B felony, and is the most serious Burglary charge in Connecticut. There are three different scenarios that can get you arrested for Burglary in the First Degree in Stamford, Greenwich, Darien or anywhere else in Connecticut:
(1) you unlawfully entered or remained inside of a building, intending to commit a crime therein, while you were carrying a deadly weapon or explosive;
(2) during the course of entering or remaining inside of a building with the intention of committing a crime, you intentionally or recklessly caused or attempted to cause physical injury to someone; or
(3) you entered or remained inside of a dwelling at night with the intention of committing a crime.
Notably, the first two scenarios involve entering a building while the third requires entering a dwelling. With this distinction, Connecticut lawmakers defined “buildings” as any structure that can be occupied by a person, such as boats, cars, trains and planes. A “dwelling,” however, is a building where individuals typically sleep at night. In plain language, a dwelling is someone’s home or residence. And as any of the top Stamford Connecticut Burglary lawyers would inform you, a guilty plea or conviction at trial of First Degree Burglary under CGS 53a-101 could result in a maximum prison sentence of 1 to 20 years in prison, probation, and up to $15,000 in fines. Also note that a mandatory minimum sentence of 5 years (which cannot be reduced or suspended by the court) will be imposed if you are convicted of committing a Burglary while carrying a deadly weapon or explosive device.Second & Third Degree Burglary Arrests in Connecticut and their Penalties
Ask any top Ridgefield or Danbury Connecticut criminal lawyer, you can be arrested for Burglary in the Second Degree, C.G.S. § 53a-102 in Ridgefield, Westport or Darien Connecticut if you unlawfully enter or remain inside of a dwelling with the intention of committing a crime inside, while someone else is inside of the house. Note that the “someone else” requirement must be someone other than any alleged accomplices or co-conspirators of yours. Pets don’t count. This crime is a Class C felony and carries a maximum $10,000 fine, 10-year jail sentence and probation. Additionally, if you are convicted or plead guilty to Second Degree Burglary and admit to using, threatening to use, or brandishing a firearm during your commission the crime, then you face a one-year mandatory minimum jail sentence which cannot be reduced or suspended. This penalty is set forth in C.G.S. § 53a-102a, Second Degree Burglary with a Firearm.
Finally, the least serious Burglary charge in Connecticut is Third Degree Burglary, C.G.S. § 53a-103. You can get arrested in Stamford, Wilton or Greenwich Connecticut for Third Degree Burglary under 53a-103 if you unlawfully enter or remain inside a building with the intention of committing a crime inside that building. As the best Connecticut Burglary criminal lawyers have observed, Third Degree Burglary—unlike Second Degree Burglary—does not require that the premises be a residence, nor does the law require that someone else be present inside the Building. This Burglary crime is a Class D felony which can result in a maximum 5 year jail sentence, $5000 fine, and probation. Additionally, if you use, threaten to use, or are armed with a firearm during the commission of Third Degree Burglary, then you can be arrested in Fairfield or Greenwich Connecticut for Third Degree Burglary with a Firearm, C.G.S. § 53a-103a, which calls for a minimum mandatory jail sentence of 1 year.
As illustrated, the penalties and punishments for a Stamford Connecticut arrest for Burglary are stiff and severe—whether you are arrested in Connecticut for First, Second or Third Degree Burglary. So be sure to contact a top Stamford Connecticut Burglary criminal lawyer if you are facing a Burglary arrest in Connecticut. The best thing you can do is get informed, know your rights, and be as prepared as possible for the criminal court process.
Continue Reading…Burglary Arrests, Part 2 of 3
(Fighting Your Burglary Arrest, Getting Your Burglary Arrest Reduced to a Criminal Trespass and much more)