New York Penal Law 140.25: Burglary in the Second Degree

New York Penal Law 140.25: Burglary in the Second Degree

Burglary in the second degree is a serious felony charge in New York that can lead to years in prison if convicted. This article will break down the law in simple terms, so you can understand what constitutes burglary in the second degree, potential defenses, and the possible penalties if convicted. We’ll also look at some real-world examples to make it more clear.

What is Burglary in the Second Degree?

Under New York Penal Law 140.25, a person commits burglary in the second degree when they:

• Knowingly and unlawfully enter or remain in a building
• With intent to commit a crime inside the building

In addition, one of the following conditions must also be met:

• The person or an accomplice is armed with explosives or a deadly weapon
• The person injures someone inside the building
• The person uses or threatens to use a dangerous instrument
• The person displays what appears to be a firearm

So in plain English, second-degree burglary is illegally entering a building with plans to commit a crime inside, while also being armed/dangerous in some way. It covers things like breaking into a home while carrying a gun or knife.

Breaking Down the Legal Elements

Let’s take a closer look at each part of the law:

Knowingly and Unlawfully Entering or Remaining

This means the person has to:

• Intentionally enter a building without permission (like breaking in)
• Stay inside a building without permission (like hiding until after closing)

It doesn’t matter if force was used to enter. Just being somewhere you’re not allowed to be qualifies.

With Intent to Commit a Crime

This means the person planned to commit some kind of crime inside the building. It could be theft, assault, vandalism, or anything illegal. The person doesn’t actually have to commit the intended crime. Just proving they planned to do it is enough.

Armed With a Deadly Weapon or Explosives

A deadly weapon includes things like:

• Guns
• Knives
• Metal knuckles
• Switchblades
• Explosives

The weapon has to be on the person or one of their accomplices while inside the building. Just owning a weapon isn’t enough – it needs to be present during the burglary.

Injuring Someone

If the burglar (or accomplice) injures someone inside the building, it becomes a second-degree offense. The injury has to be physical and “substantial.” Minor scrapes or bruises don’t count.

Using or Threatening to Use a Dangerous Instrument

A dangerous instrument is anything that could cause serious physical injury, even if it’s not a traditional weapon. This includes things like:

• Baseball bats
• Golf clubs
• Scissors
• Chains
• Cars

Simply displaying the object in a threatening way qualifies. The person doesn’t need to actually attack or injure someone with it.

Displaying What Appears to be a Firearm

If the person shows what looks like a real gun, this elevates it to second-degree burglary. It doesn’t matter if the gun is loaded or even an actual firearm. Simply creating the appearance of having a gun is enough.

Real-World Examples

Here are some examples of circumstances that could lead to a second-degree burglary charge:

• Breaking into a home while carrying a switchblade
• Remaining hidden in a store after closing and threatening the owner with scissors when discovered
• Entering a warehouse with a fake gun and assaulting a security guard
• Using a stolen keycard to enter an office building and stealing laptops

As you can see, the scenarios can vary but they all involve illegally entering a building, intent to commit a crime, and some form of weapon, injury, or threat.

Defenses

There are several strategies that a defense lawyer may use to fight second-degree burglary charges, such as:

No Intent to Commit a Crime

If the person had no plans to do anything illegal inside the building, this negates the intent requirement. For example, someone who thought they were entering their own home by mistake.

Unlawful Entry Not Proven

If there’s doubt about whether the person actually entered unlawfully, the entire charge falls apart. For instance, if they had the owner’s permission to be inside.

Weapon or Injury Allegations Untrue

If prosecutors can’t prove weapons, injuries or threats took place as alleged, the charge may get reduced to third-degree burglary.

Intoxication

Being extremely drunk or high can sometimes negate the “knowingly” element. The person may not have understood what they were doing due to intoxication.

Penalties if Convicted

Second-degree burglary is a Class C felony in New York. Potential sentences include:

• 3.5 to 15 years in state prison
• Up to $5,000 in fines
• Conditional discharge (no jail, but probation and other conditions)

The penalties get harsher if the person has prior felony convictions. They face at least 7 years and up to 15 years behind bars as a repeat offender.

Probation may be possible for those with no criminal history. But any jail sentence cannot be reduced below the 3.5 year minimum.

The Importance of a Skilled Lawyer

Second-degree burglary is a very serious felony charge that can completely derail someone’s life if convicted. The complex legal elements involved make it crucial to have an experienced criminal defense lawyer on your side. An attorney can thoroughly analyze the prosecution’s evidence for weaknesses, raise strong defenses, and negotiate for reduced charges or dismissal if possible. Don’t leave your fate to chance – get the legal help you deserve.