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NY Penal Law § 140.20: Burglary in the Third Degree
According to the penal code, burglary involves entering another person’s property unlawfully with the intention of committing an unlawful act. Burglary is a felony offense. Three burglary offenses are detailed in the New York Penal Law. The least serious of the three charges is burglary in the third degree. To be convicted under New York Penal Law section 140.20 of a burglary in the third degree, there are at least two elements the prosecution must prove. First, the prosecutor needs to demonstrate that you unlawfully entered the premises. Secondly, the prosecutor must demonstrate premeditation. In other words, the prosecutor needs to prove that you entered the premises in question with the intention to commit a crime. Simply entering a premises without the owner’s permission is not burglary, but trespass.
For Example
Without her permission, Kymani enters the home of his ex-wife, Jada. He accessed the house through the patio door, which he knew would probably be unlocked. Kymani was carrying a dog leash with him. Before long, he spotted the dog that he loved, but which was awarded to his wife in the divorce settlement. He picked up the dog and then he ran out of the house. In this scenario, Kymani could be prosecuted for burglary in the third degree. The fact that he carried a leash demonstrates that he entered the house with the intention of stealing the dog.
Offenses that are Related
Criminal trespass in the third degree: New York Penal Law § 140.17
Possession of burglar’s tools: New York Penal Law § 140.35
Burglary in the second degree: New York Penal Law § 140.25
Burglary in the first degree: NY Penal Law § 140.30
Possible Defenses
If you are able to demonstrate to the court that even though you were on the premises unlawfully, you were not there to commit any crimes, then you have a plausible defense against a burglary charge. If you were shopping, for example, at a department store, and you somehow ended up getting locked in by mistake, although you were no longer on the premises lawfully, you were not there with intent to steal or commit any other crime.
The Sentence
Because burglary in the third degree is categorized as a class D felony, the maximum sentence the judge can give you is 7 years in prison. Whether you get sent to prison or not and the length of time you would be required to spend in prison depends largely on your prior criminal record. If you don’t have any prior felony convictions within the last 10 years, it is possible for the judge to omit prison from your sentence entirely and simply sentence you to a probation ermt. On the other hand, if you do have at least one prior felony conviction within the last 10 years, then the judge will sentence you to at least 2-4 years in prison.