A New York Burglary Lawyer will tell you that this crime is defined as a person unlawfully going into the dwelling house of another for the purposes of committing a criminal act. For instance, when an individual breaks into a home to steal electronics, they have committed burglary. Whether or not this crime would be considered a felony offense would depend on certain factors which are discussed below. If you have been charged with a theft crime such as Robbery, petit larceny, credit card fraud or Grand Larceny, it is important to speak with our legal team at Stephen Bilkis & Associates, PLLC for guidance and a free consultation. If you are convicted you could be facing very serious consequences.
Burglary is defined in the New York Penal Law, Article 140. There are three degrees of this crime: 1st degree (Penal Law 140.03), 2nd degree (Penal Law 140.25) and 3d degree (Penal Law 140.20). There is also a related theft offense called Possession of Burglar’s Tools (Penal Law 140.35).Third Degree
Burglary in the 3d degree is considered a felony. If you are convicted of this crime, the minimum sentence you will face is one to three years in prison. The maximum term can range from 2.3 years to up to 7 years in prison. Depending on the circumstances, the judge can impose a lesser alternative sentence if the defendant entered a building (as opposed to a house) to commit a criminal offense within.Second Degree
Burglary in the 2d degree is considered a Class C violent felony. If you are convicted of this crime, the minimum sentence is 3 ½ years in prison. The maximum possible sentence is 15 years in prison. This crime will be charged when:
- An individual knowingly enters a dwelling and remains there to commit a crime within;
- Or an individual commits a burglary and someone is injured;
- Or an individual commits a burglary in a building and either he or an accomplice possesses a weapon.
This crime is considered a violent Class B felony. If you are convicted, the minimum sentence you will receive is 5 years in prison. The maximum sentence for this crime is 25 years in prison. This charge is very serious, and is considered to be at the same level of severity as a murder charge. This crime is committed when:
- The defendant commits a burglary in a dwelling and:
- Is either armed with a firearm or weapon;
- Or injures another person.
- Possession of Burglar’s tools
This crime is considered a Class A misdemeanor. If convicted the minimum sentence is an alternative program/punishment that will allow the defendant to avoid jail. The maximum sentence for this crime is one year in jail. This crime is committed by the following acts:
The defendant is in possession of any tool or instrument that could be used in a burglary, and the surrounding circumstances indicate that that was intended to be used illegally.
This crime can be the only charge, but it is commonly accompanied by other crimes such as:
- Grand Larceny (Article 20 of New York Penal Law);
- Assault (Article 20 of New York Penal Law);
- Criminal Possession of Stolen Property (Article 165 of New York Penal Law);
- Criminal Possession of a Weapon (Article 265 of New York Penal Law).
If you have been charged with a theft crime, it is important to take prompt action to ensure your legal rights are protected. Call our firm today for guidance and a free consultation with your first visit. We have offices to serve you throughout the New York area, including offices in the Bronx, Manhattan, Brooklyn, Queens and Staten Island. We also have offices in Nassau County and Suffolk County on Long Island as well as Westchester County. Contact us today to schedule your free appointment at 1.800.NY.NY.LAW.