New York Penal Law 140.25 Burglary Second Degree
Burglary is a serious crime in New York that involves unlawfully entering or remaining in a building with the intent to commit a crime inside. Burglary Second Degree, specifically, is covered under New York Penal Law 140.25 and is a Class C felony, carrying substantial penalties.
Overview of Burglary Second Degree
To be convicted of Burglary Second Degree, the prosecution must prove the following elements beyond a reasonable doubt:
- The defendant knowingly entered or remained unlawfully in a building
- The defendant had the intent to commit a crime inside the building
- While entering, inside, or in immediate flight from the building, the defendant or another participant in the crime:
- Was armed with explosives or a deadly weapon
- Caused physical injury to a non-participant
- Used or threatened to use a dangerous instrument
- Displayed what appeared to be a firearm
- Or, the building was a dwelling
Some key points:
- “Knowingly” means being aware one’s entry or remaining is unlawful.
- “Unlawfully” means without license or privilege to enter or remain.
- “Intent to commit a crime” means conscious objective to commit any crime, not a specific crime.
- “Dwelling” means a building for overnight lodging like an apartment.
Burglary Second Degree is a Class C violent felony. The potential sentences are:
- Minimum prison sentence of 3.5 years
- Maximum prison sentence of 15 years
- Fines up to $5,000 or double the amount of the proceeds of the crime
With a prior felony conviction in the past 10 years, the minimum increases to 5-7 years depending on the nature of the prior conviction.
- Breaking into an electronics store at night while armed with a gun
- Entering someone’s home through an unlocked window and assaulting the resident
- Remaining hidden in a department store after closing and stealing merchandise
- Entering an apartment unlawfully while displaying what appears to be a firearm
There are several potential defenses to Burglary Second Degree:
- The building was not actually a dwelling
- The defendant had a license or privilege to enter the building
- The defendant did not have intent to commit any crime inside
- The weapon was not actually deadly or dangerous
- The injury inflicted did not meet the legal definition of “physical injury”
A Burglary Second Degree conviction remains on one’s criminal record permanently and can impact:
- Future employment opportunities, as employers do background checks
- Eligibility for professional licenses
- Immigration status for non-citizens
- Ability to receive government benefits like public housing