How much time can my boyfriend receive for burglary and what can happen to me if I was an accomplice?
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How much time can my boyfriend receive for burglary and what can happen to me if I was an accomplice?
The things he stole, I just sold online. The cops came to my house with the ads printed out, taking back everything out of my possession. They said if I did not let him turn himself in, I would get arrested if I did not make a police report myself. They said I wouldn’t get arrested if I made the statement, but, they aren’t allowed to even decide that a district attorney has to, no? What are the chances that I get arrested when I go down to file that statement? Do I need a lawyer? What’s going to happen to him?
Asked on June 14, 2012 under Criminal Law, New York
Answers:
Richard Southard / Law Office of Richard Southard
Answered 12 years ago | Contributor
You certainly need a lawyer as the police are not looking to help you, a lawyer will. New York follows an "acting in concert" theory of accomplice liability. Under this theory, When one person engages in conduct which
constitutes an offense, another is criminally liable for such conduct when, acting with the state of mind required for the commission of that offense, he or she solicits, requests, commands, importunes, or intentionally aids such person to engage in such conduct. IN other words you potentially can face all of the same charges as your bf. Potential punishment depends on what level of Burglary is charged - the maximums are as follows. Burg 1 - 25 years jail; Burg 2 - 15 years jail; Burg 3 - 7 years jail
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have written, I suggest that you consult with a criminal defense attorney with respect to the burglarly charge pending against your boyfriend for the simple reason that you might be charged with possession of stolen goods or an accessory to a crime before you even give a statement to law enforcement.
As to the penalty that your boyfriend can get if convicted of burglarly, he could be sentenced to more than six (6) months in jail since burglary is a felony.
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