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NYC Burglary Attorney

Mark I. Cohen is an experienced NYC burglary attorney who has represented defendants charged with burglary crimes in Manhattan, Brooklyn, Queens and the Bronx since 1990.

Generally, in order to be convicted of burglary in the third degree in New York State, the prosecutor must prove beyond a reasonable doubt that the defendant knowingly entered or remained in a location, typically a building, with the intention to commit another crime inside the location.

The New York State Penal Code codifies burglary crimes in the 1st degree (PL 140.30); 2nd Degree (PL 140.25); and 3rd Degree (PL 140.20).

Generally, third-degree burglary is upgraded to second-degree burglary if the defendant was armed with a weapon, explosives, or a dangerous instrument, or if the defendant displayed a firearm, or if a non-participant was injured during the crime.

Generally, in order to be convicted of burglary in the first degree in New York State, the prosecutor must prove the elements of burglary in the second degree, and that the alleged burglary took place inside a dwelling (i.e. a home).

For first offenders, burglary in the third degree is a class D, non-violent felony and carries up to 7 years in jail. Burglary in the second degree is a class C violent felony and carries a mandatory minimum of three and a half years in prison and a maximum of fifteen years in prison. Burglary in the first degree is a Class B violent felony carrying a minimum of five years in prison and a maximum of 25 years. Individuals with prior felony convictions are exposed to higher sentences.

During his 29 years of criminal defense practice, Mr. Cohen has mastered the procedural and substantive law pertaining to burglary crimes and the most effective methods of representing defendants charged with burglary in New York.

Why Hire Mark I Cohen As Your NYC Burglary Attorney?

By retaining Mark I. Cohen, a defendant maximizes the chances that:

  1. He/she will be released from custody on the lowest possible amount of bail or on his or her own recognizance;
  2. He or she may be able to prevail on a motion to dismiss the indictment (if the indictment is defective);
  3. He or she will be able to suppress any evidence illegally seized by investigators (if the evidence was obtained in violation of the defendant’s rights);
  4. He or she will be able to prevail at trial;
  5. He or she will be able to obtain the best plea bargain possible should there be compelling evidence of the defendant’s guilt; and
  6. He or she will be able to receive a non-prison sentence, or which results in the lowest amount of prison possible.

Contact Us Today!

If you have been charged with burglary, you should contact Mark I. Cohen, an experienced NYC burglary attorney, to maximize your chances of preserving your freedom, reputation, and assets.

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The New York Criminal Bar Association
Avvo Clients' Choice Award 2017
Avvo Reviews Mark L. Cohen
Lawyers Of Distinction 2018


"... Mr. Cohen's effort... in everything he has done before the Court, is A-Plus... [R]ecently, in another case... [before me], the result he achieved for his client... was quite impressive." Honorable Kenneth M. Karas, United States District Judge for the Southern District of New York.


"So I have very sophisticated counsel here and, Mr. Cohen, [your client] is very fortunate in having you as his attorney, and I hope he appreciates that." – Quote from the Honorable Denise L. Cote, United States District Judge for the Southern District of New York, on May 9, 2014.


"As Mark Cohen, a defense lawyer who has tried cases throughout the city and was a prosecutor in the Bronx, pointed out, there is a saying among defense lawyers in New York." – As provided in the New York Times City Room Blog.

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