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New York Burglary

A New York Burglary Lawyer can explain that there are 6 degrees of burglary in New York. This theft crime is committed when a person unlawfully goes into the dwelling house of another for the purpose of engaging in a criminal act, over and above the illegal entry. An example of this would be breaking into a house to steal valuables would be considered a burglary. Whether the crime would be considered felony would be determined on various factors outlined below. If you or a loved one has been charged with burglary or other theft crime, speak with the legal team at Stephen Bilkis & Associates, PLLC for advice and a free consultation. If convicted, you could be facing serious penalties.

In New York, the crime of burglary is defined in Article 140 of the Penal Law. There are three degrees of this crime, Burglary in the First Degree (Penal Law 140.30), Burglary in the Second Degree (Penal Law Section 140.25) and Burglary in the Third Degree (Penal Law Section 140.20). There is another related offense which is Possession of Burglar’s Tools (Penal Law Section 140.35).

Burglary in the 3d Degree

In New York, Burglary in the 3d degree is classified as a felony offense. If convicted, the minimum sentence is 1 to 3 years in jail, and the maximum sentence is 2.3 to 7 years in jail. Under certain circumstances, the judge can impose a lesser alternative sentence provided that the accused entered a building (not a home) to commit a crime within.

Burglary in the 2d Degree

Burglary in the 2d degree is classified as Class C violent felony. If convicted, the minimum punishment is 3.5 years in jail, and the maximum sentence is 15 years. A burglary in the second degree is usually charged when:

A person knowingly enters a home a remains there unlawfully with the intent to commit a crime within;

  • Or, a person commits a burglary in a building and someone is hurt;
  • Or, a person commits a burglary in a building and he or an accomplice possesses and displays a weapon.

Burglary in the 1st Degree

Burglary in the 1st degree is classified as a Class B violent felony. If convicted, the minimum sentence is 5 years in prison, and the maximum sentence is 25 years in prison. This is an extremely serious charge, and is at the same level as an attempted murder charge. This crime is commonly charged when:

The accused commits a burglary in a home and either:

  • Is armed with a weapon;
  • Or harms another person.
  • Possession of Burglar’s Tools

The possession of burglar’s tools is classified as a Class A misdemeanor in the state of New York. The minimum sentence is an alternative punishment that will allow the accused to avoid jail time. The maximum sentence is one year in jail. This crime is committed when:

An individual is in possession of any instrument or tool that is used for a burglar, and circumstances indicate an intent to use it illegally.

While this crime can be the sole charge, it is often accompanied by other offenses such as:

  • Assault (Article 20 of New York Penal Law)
  • Grand Larceny (Article 155 of New York Penal Law)
  • Criminal Possession of a Weapon (Article 265 of New York Penal Law)
  • Criminal Possession of Stolen Property (Article 165 of New York Penal Law).

Contact our firm today for guidance and a free consultation. If you have been charged with a theft crime, it is important to take prompt action to ensure that your rights are protected. We have offices to serve you throughout New York, including locations in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We also have locations in both Suffolk County and Nassau County on Long Island and Westchester County. Call us today for an appointment at 800.696.9529.

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