Burglary is one of the most serious property-related offenses under New York Penal Law. Unlike simple trespass, burglary involves entering or remaining unlawfully in a building with the intent to commit a crime inside. Because burglary is considered a crime against both property and personal safety, prosecutors pursue these cases aggressively.
New York recognizes three degrees of burglary—Burglary in the Third Degree (commercial burglary), Second Degree, and First Degree (inside a home)—with penalties ranging from probation to state prison time, with long-term post-release supervision.
Burglary in the Third Degree – NYPL §140.20
Burglary in the Third Degree is a
Class D felony. A person may be charged with this offense if they:
- Knowingly enter or remain unlawfully in a building, and
- Intend to commit a crime inside (not necessarily theft).
Even without weapons or injuries, third-degree burglary is a felony that can lead to prison, probation, and a permanent criminal record.
Burglary in the Second Degree – NYPL §140.25
Burglary in the Second Degree is a
Class C violent felony. It applies when the alleged burglary occurs in a
dwelling—a place where someone lives—or when certain aggravating factors are present, such as:
- The accused is alleged to have caused physical injury,
- Carried a weapon, or
- Displayed what appears to be a firearm.
Because these cases involve enhanced allegations, prosecutors often push for significant prison terms, with a minimum state prison sentence required unless the defense can argue mitigation.
Burglary in the First Degree – NYPL §140.30
Burglary in the First Degree is a Class B violent felony—one of the most serious charges in New York’s Penal Law. First-degree burglary typically involves:
- Entering a dwelling, and
- Causing serious physical injury, using a deadly weapon, or displaying a firearm.
Convictions can result in mandatory state prison sentences and long-term supervision.
Why Representation Matters
A burglary accusation can jeopardize your freedom, employment, immigration status, and future opportunities. We understand how high the stakes are and work tirelessly to protect your rights, your record, and your future. From the earliest stages of the investigation to trial, we provide strategic, aggressive advocacy aimed at achieving the best possible outcome.
