NY homeowner shoots an intruder near Albany, and no charges

Beerman

Beerman

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Your very first sentence is factually incompatible with the law. Burglary, even in the misguided state of NY, has no “breaking” requirement, nor does an unlocked door summarily dismiss the possibility of burglary. Simply being in an area without permission or privilege meets the threshold of burglary when the intent to commit a crime is a factor. This event certainly meets both. The perp is a burglar.
 
byron

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Burglary is defined under criminal law as the unlawful entry of a structure with the intent to commit a felony or theft inside. According to the FBI's Uniform Crime Reporting (UCR) Program, actual physical force is not required to classify an offense as a burglary; it can encompass forcible entry, unlawful entry without force (such as walking through an unlocked door), or attempted forcible entry. [1, 2]
Key Legal Elements
To secure a conviction, the prosecution generally must prove two distinct elements:
  • Unauthorized Entry: The individual crossed the threshold of a structure (such as a home, apartment, office, or barn) without permission. [1, 2]
  • Criminal Intent: The individual intended to commit a crime (most commonly theft, though it can be arson, assault, or another felony) at the moment they entered the structure.


    [1, 2, 3]
 
spat

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Beerman said:
Your very first sentence is factually incompatible with the law. Burglary, even in the misguided state of NY, has no “breaking” requirement, nor does an unlocked door summarily dismiss the possibility of burglary. Simply being in an area without permission or privilege meets the threshold of burglary when the intent to commit a crime is a factor. This event certainly meets both. The perp is a burglar.
Click to expand...
While that's true legally, the "breaking" part can be considered by a prosecutor when deciding what to charge the defendant with.
 
Saltwater60

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Beerman said:
Your very first sentence is factually incompatible with the law. Burglary, even in the misguided state of NY, has no “breaking” requirement, nor does an unlocked door summarily dismiss the possibility of burglary. Simply being in an area without permission or privilege meets the threshold of burglary when the intent to commit a crime is a factor. This event certainly meets both. The perp is a burglar.
Click to expand...
Someone didn’t read the article. I reported what the article stated. It’s not my decision or interpretation and that’s why I reported it because I was surprised as well.
Directly copied from the article. I’m confused as well.
State Police charged Jarvis with second-degree criminal trespass, a Class A misdemeanor. Investigators said he entered through an unlocked door without using force. That detail reportedly prevented authorities from pursuing a burglary charge.
 
S&W Fan

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Having just recently finished serving on a Grand Jury indictment panel for the last 6 weeks, sitting through hours of testimony in 30 Different cases I can tell you first hand that the DA’s will only charge the perps with the charges that they know they have the best chance of making stick and getting a jury to convict. Lesser charges are often tossed in favor of focusing on the stronger charges.
Even then they will flat out tell you frustratingly that with the new bail reform laws the perps will often get off , only to get caught again .
 
Cooolone

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Problem:

New York generally requires someone to retreat before using deadly force when that can be done safely. However, state law removes that obligation under certain circumstances inside a person’s dwelling.

Fucking NY libertards constantly putting law abiding citizens at the disadvantage of the criminal element! Even here... The PROBLEM was being two sides to the story, if discharging your firearm at a home intruder, I wouldn't advise aiming to injure or maim! Now, this POS even if receiving any conviction, will have a hard on for this home, family, etc!

Duty to Retreat... Yeah, not when you fucking fear for your life! FUCK NY!!!
 
P

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S&W Fan said:
Having just recently finished serving on a Grand Jury indictment panel for the last 6 weeks, sitting through hours of testimony in 30 Different cases I can tell you first hand that the DA’s will only charge the perps with the charges that they know they have the best chance of making stick and getting a jury to convict. Lesser charges are often tossed in favor of focusing on the stronger charges.
Even then they will flat out tell you frustratingly that with the new bail reform laws the perps will often get off , only to get caught again .
Click to expand...
The other day I watched a guy with 17 true billed indictments plead to 1 charge. Now, he got 10 years as part of the plea but he should have got more time.
 
Saltwater60

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Cooolone said:
Problem:

New York generally requires someone to retreat before using deadly force when that can be done safely. However, state law removes that obligation under certain circumstances inside a person’s dwelling.

Fucking NY libertards constantly putting law abiding citizens at the disadvantage of the criminal element! Even here... The PROBLEM was being two sides to the story, if discharging your firearm at a home intruder, I wouldn't advise aiming to injure or maim! Now, this POS even if receiving any conviction, will have a hard on for this home, family, etc!

Duty to Retreat... Yeah, not when you fucking fear for your life! FUCK NY!!!
Click to expand...
Inside your home you are expert from this. Article 35 for burglary says if it’s an occupied dwelling deadly physical force is allowed and there is nothing that says a duty to retreat in that section of article 35.
 
C3D

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Someone should really point to the actual law, which is Penal Code Section 140. The article is incorrect insofar as it states entering through an unlocked door is not Burglary under NY Penal Law. More likely because the perp entered and only shouted erratically, the perp could not be shown to have an intent to commit a crime in the house after entering (which is burglary).

Note this distinction has a very important difference under Article 35 of the Penal Law. Under PL s 35.20.3, a homeowner can shoot a burglar to stop a burglary even if the homeowner is not in fear of his life. Since no burglary was being committed in this case, the shooting can only be justified under PL s 35.15.2, which requires the shooter "reasonably believes that [the perp] is using or about to use deadly physical force." This is an additional element vs. s 35.20.3 that must be demonstrated to have the shooting be justified.

And the article is clear that no charge have been brought against the shooter . . . yet.
 
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