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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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New York Burglary: Charges, Penalties and Sentencing

By Spodek Law Group | May 16, 2023
(Last Updated On: July 26, 2023)

Last Updated on: 26th July 2023, 10:54 pm

Experience the Severity of New York Burglary Charges: Penalties and Sentencing

If you find yourself caught up in the frightening and life-altering world of New York burglary charges, you may be facing up to 25 years of your life behind bars. It is absolutely essential that you immediately seek the help of an attorney experienced in defending New York burglary charges, as your freedom may depend on it.

New York Burglary Charges: A Breakdown

Notably, there are three different burglary charges you could potentially face in New York. These charges add layers of complexity depending on the severity of the crime and the factors involved, such as:

– The building being considered someone’s home
– Injury to a non-participant
– Use of a weapon.

These three burglary charges are as follows:

  1. Burglary in the First Degree (Penal Law §140.30, a Class “B” felony)
  2. Burglary in the Second Degree (Penal Law §140.25, a Class “C” felony)
  3. Burglary in the Third Degree (Penal Law §140.20, a Class “D” felony)

Burglary in the Third Degree: Class “D” Felony

It’s essential to understand the elements of Burglary in the Third Degree (Penal Law §140.20) if you’re facing this charge. In this less severe, yet still potentially life-altering charge, the defendant would need to be:

– Knowingly entering or remaining unlawfully in a building
– With the intent to commit a crime.

Incredibly, the broad definition of “building” in Penal Law §140.00 even includes any enclosed motor trucks and motor trailers. This means that someone could be charged with Burglary in the Third Degree simply for breaking into a UPS truck and stealing packages.

Penalties for Burglary in Third Degree

Being a Class “D” non-violent felony, Burglary in the Third Degree can carry a chilling sentence of up to 7 years in prison.

Burglary in the Second Degree: Class “C” Felony

Burglary in the Second Degree (Penal Law §140.25) holds some similar elements to Burglary in the Third Degree, such as:

– Knowingly entering or remaining unlawfully in a building
– With the intent to commit a crime.

However, Burglary in the Second Degree becomes a more serious charge when:

– The building is a dwelling
– A participant carries explosives or a deadly weapon
– Physical injury is caused to a non-participant
– A dangerous instrument is used or threatened to be used
– A gun is displayed (even if not real).

Definition of a Dwelling

To better understand this charge, one must know the definition of a “dwelling,” as defined in Penal Law §140.00. A dwelling is any building used for sleeping at night, such as:

– Apartment buildings
– Residential homes
– Hotel rooms
– Houseboats
– Motorhomes

Notably, the courts have expanded the definition of “dwelling” to include places “within the same four outer walls and under the same roof” as a room used for sleeping at night.

Penalties for Burglary in Second Degree

As a Class “C” Violent Felony, even if the charge is only due to the building being considered a dwelling, Burglary in the Second Degree can result in up to 15 years of imprisonment.

Burglary in the First Degree: Class “B” Felony

Lastly, Burglary in the First Degree (Penal Law §140.30) is the most severe of the charges, and consists of the following elements:

– Knowingly entering or remaining unlawfully in a dwelling
– With the intent to commit a crime
– In addition to one of the same factors mentioned for Burglary in the Second Degree (weapon, injury, dangerous instrument, or display of a gun).

As a Class “B” Violent Felony, Burglary in the First Degree is a gravely serious offense, punishable by up to an unbelievable 25 years in prison.

Defend Yourself with a New York Burglary Attorney Today

The weight of New York burglary offenses and their potential severe penalties demand that you take immediate action to secure an experienced attorney to fight for your rights. We understand the immense pressure and fear that accompany these charges, and our team will work tirelessly to prepare your defense with dedication and compassion. Convictions for burglary can lead to devastating consequences, and you cannot afford to delay in consulting with a skilled attorney.

It’s time to take control of your future and defend yourself against these intimidating charges. Call us at 212-729-9494 or contact us today to schedule your free initial consultation. Don’t let the fear of New York Burglary charges rob you of your freedom – fight back with the help of a dedicated and experienced attorney.

New York Burglary: Charges, Penalties and Sentencing

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