Legal Question in Criminal Law in New York

I caught a 19 year old girl breaking into my fathers home. She took my mp3 player and 300 dollars from my wallet. This occurred in Queens NY. It is categorized as a burglary 2nd degree felony. It was later found out she has 7 outstanding warrants. What kind of time is she looking at?


Asked on 6/09/10, 11:51 am

1 Answer from Attorneys
John Schwenkler

If she is indicted for and convicted of Burg 2, even if she has no prior convictions, the court can sentence her to no less that 3.5 years and no more than 15 years (determinate), in addition to 2.5 to 5 years of post-release supervision (a kind of parole). If she has prior felonies, it could get even worse. This is obviously harsh. As a result, unless she has a terrible record, a plea to a lesser offense will very likely to be offered in her case. What that offer will be will depend on the "going rate" in Queens County, her prior record, and what other open cases she has.

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Answered on 6/13/10, 11:23 pm


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