Legal Question in Criminal Law in New York
burglary in the 1st
Can someone be charged with burglary in the 1st when there was no weapon? The one pressing charges says there was but the man being charged says there wasn't. How can you be charged with this crime when they don't have a weapon?
2 Answers from Attorneys
Re: burglary in the 1st
The only response I have to this is this . . . what can be CHARGED and what can be PROVEN are very often two different things and, unfortunately, sometimes have very little to do with each other.
Re: burglary in the 1st
The DA does not have to have the weapon itself to charge someone with possession of a weapon during a crime.
The "victim" could testify to the weapon; what happened to the so-called weapon later would, of course, be a big question later.
James Kats, Esq. www.lawjsk.com
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