Legal Question in Criminal Law in New York

Is there a difference

In a burglary C crime, when a gun is stolen, is there a difference between the gun being used for the crime and the gun actually being the crime in that the gun was the item stolen, but not used to commit the crime. Is this still considered a violent offense?


Asked on 9/12/03, 7:38 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Is there a difference

The DA will claim there is no difference, but your lawyer will argue (probably successfully) otherwise. However, that would leave other problems (other crimes ripe for prosecution).

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 9/17/03, 2:49 pm


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