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^[1].
• “Unlawfully” means without license or privilege to enter or remain^[1].
• “Intent to commit a crime” means conscious objective to commit any crime, not a specific crime^[2].
• “Dwelling” means a building for overnight lodging like an apartment^[1].

Penalties

Burglary Second Degree is a Class C violent felony^[1]. 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^[3]

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^[3].

Examples

Here are some examples of acts that could lead to a Burglary Second Degree charge^[2][4]:

• 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

Defenses

There are several potential defenses to Burglary Second Degree^[2]:

• 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”

Consequences

A Burglary Second Degree conviction remains on one’s criminal record permanently and can impact^[4]:

• 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