New York

Regardless of where you are charged with burglary, you face severe penalties and lifelong consequences. But in New York, the stakes are particularly high. Judges here are known for being tough against offenders, doling out prison time left and right. If you are up against burglary charges, you need someone on your side.

Burglary isn’t just a theft crime as many people think; it also involves an element of trespassing, or being on property that you have no legal right to. In this way, it’s like two crimes in one. When faced with something like this, you have every right to be nervous.

New York Burglary Penalties

The laws of New York can be confusing. They are very complex. While this site is designed to provide an overview of the laws, discussing your case with an attorney will provide you with a clearer picture of what you are up against.

Generally, burglary is defined as “knowingly entering or remaining unlawfully in a building with the intent to commit a crime.” Under New York criminal laws, burglary is classified into three different degrees.

First Degree Burglary

First degree burglary is the most serious of burglary crimes. It is considered a Class B Felony and carries up to 25 years in prison upon conviction. You could be facing this charge if the property in question is a dwelling, where someone lives, and if you or another participant in the crime do any of the following:

  1. Cause physical injury to an alleged victim,
  2. Are armed with an explosive or deadly weapon,
  3. Display what appears to be a firearm, or
  4. Use or threaten to use a dangerous instrument.

Second Degree Burglary

If you are charged with burglary in the 2nd degree, you will face Class C Felony charges, which carry up to 15 years in prison. This could be the applicable charge if the property in question is not a dwelling, but you or another participant in the crime:

  1. Cause physical injury to an alleged victim,
  2. Are armed with an explosive or deadly weapon,
  3. Display what appears to be a firearm, or
  4. Use or threaten to use a dangerous instrument.

Third Degree Burglary

If you are accused of burglary and it doesn’t fit the criteria for either of the above listed crimes, you could be charged with burglary in the 3rd degree. This offense is classified as a Class D Felony and carries up to 7 years in prison if you are convicted.

We maintain a network of criminal defense attorneys across the country. If you are charged with burglary in New York, let us put you in contact with an attorney today.