New York Burglary Laws

Understanding Burglary in New York

New York defines burglary in as entering into and/or remaining on the property of another with the intent to commit a criminal act therein. The state outlines the definition and penalties in penal code 140. New York classifies three degrees. These three degrees are each classification. It's important to remember that you or your loved one has not been convicted of burglary. State prosecutors must prove guilt beyond of a reasonable doubt.

New York First Degree Burglary

In New York, first degree burglary is the most serious burglary charge. This burglary charge involves aggravated factors. Thus, it is a Class D felony. With this burglary charge, you are accused of knowingly entering or remaining on a person's property with the intent of committing a criminal act. In addition, you must be accused of committing at least one of the following aggravated factors:

• You displayed a firearm during the burglary. It doesn't matter what type of firearm you allegedly had such as a pistol, machine gun or rifle.
• You had an explosive device or deadly weapon. The deadly weapon could be something like a knife.
• You threatened the victim with some kind of instrument considered dangerous during the burglary. A dangerous instrument is different from a deadly weapon. A dangerous instrument is an object that can be used to cause physical harm or death to a person.

If charge with first degree burglary, you face one to 25 years in state prison.

New York Burglary in the Second Degree

The state outline second-degree burglary in penal code 140.25. It is a Class C. According to the statute, you allegedly entered into and/or remained in a building on purpose. You allegedly had the intent to commit a crime. What makes it second degree burglary is two additional factors. The first factor is that you accused of burglarizing a dwelling instead of a commercial building. A dwelling is a residence such as a house or apartment. The second factor is that you may have committed one of the following:

• You cause a victim physical injury.
• You had a deadly weapon during the crime
• You use or threatened to use an instrument considered dangerous.
• You displayed a firearm.

You may notice that aggravated factors are involved in both burglary in the first and second. The difference is that you must commit one of the aggravated factors to be charged with first degree burglary. The sentence for second degree burglary is one to 15 years in state prison.

New York Third Degree Burglary

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Third degree burglary isn't as serious as first and second degree burglary. Third-degree burglary is knowingly entering and/or remaining in a building with the purpose of committing a crime. The building can be a commercial building such as a store or restaurant.

Additional Factors that Increase Prison Time in a New York Burglary

New York has an additional factor that can increase a prison sentence for anyone convicted of burglary. It's called violent predicate. If you have been convicted of a felony charge within a 10-year period, you may receive a harsher prison sentence. If the felony occurred more than 10 years ago, it won't count against you as a violent predicate. However, New York also has a persistent felony offender label. If you have more than two felony convictions, you could be labeled as a persistent felony offender. This means that you could receive life in state prison. These factors make it vital to work with a defense lawyer to downgrade the charge. For example, if you have two felonies and a current burglary charge, your lawyer made get the charge downgrade. This means you could be charged with a misdemeanor and avoid additional prison time.

We are Your New York Burglary Lawyers

Prosecutors can charge you with burglary in a number of different ways. Depending on the facts surrounding your burglary charge, you may be accused of additional crimes. It doesn't matter how serious your burglary charge is. We will represent you. If you have questions about your case and/or need a criminal lawyer, contact us. We have the experience to defend you against these charges. Contact us immediately. Don't deal with Burglary Lawyer alone. Speak to the Spodek Law Group today.