Robbery is defined as the forceful taking of property from another .
Burglary is defined as illegally entering or unlawfully remaining inside a location ( residential or commercial ) with the intent of committing a crime therein .
Both robbery and burglary charges are serious charges and can be considered “violent felony offenses†depending upon the existence of certain aggravating factors ( such as being aided by another person present at the time , being in possession or utilizing a weapon , entering or remaining unlawfully in a residence , causing injury to another , etc. ) .
Violent felonies carry mandatory upstate ( more than one year ) imprisonment requiring service of at least 85% of the jail term imposed with ultimate conditional release to parole supervision for an additional period of time .
There are many issues and potential defenses that need to be explored and developed as soon as possible when defending Robbery / Burglary charges such as bail applications , investigation of facts , location of and preservation of potential exculpatory evidence and witnesses , potential plea bargaining options , Grand Jury preparation , motion practice , suppression of illegally obtained evidence and trial preparation and strategy .
Victor Knapp , Esq. has been defending violent felony cases for over 30 years as a criminal defense attorney and is highly qualified and well respected in the legal community .
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