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New York Penal Law %c2%a7 140 25 Burglary Second Degree

By Spodek Law Group | July 17, 2023
(Last Updated On: July 27, 2023)

Last Updated on: 27th July 2023, 04:35 pm

An Overview of Burglary Charges in New York

Let me tell you, getting slapped with a burglary charge in New York can be a waking nightmare. As someone who has seen their fair share of criminal cases over the years, burglary allegations are no joke and can carry some stiff penalties if convicted. But have no fear, I’m here to break it all down for you in simple terms so you know exactly what you’re looking at if charged under New York Penal Law § 140.25 for Burglary in the Second Degree.

In New York, burglary charges are broken down into four degrees, with the first-degree being the most serious. Second-degree burglary is essentially defined as knowingly entering or remaining unlawfully in a building or dwelling with the intent to commit a crime inside (more on this later). It’s considered a class C felony, which means a conviction can result in some potentially hefty punishments.

Now I know staring down a felony charge is enough to make anyone feel queasy, but try not to panic. The experienced New York criminal defense attorneys at the Spodek Law Group have seen it all when it comes to burglary accusations. With close to 30 years of experience in the NY justice system under his belt, founder Todd Spodek has successfully defended numerous clients facing all degrees of burglary charges over the years.

So if you find yourself in this situation, don’t go it alone. Contact the Spodek Law Group immediately to develop a strong defense strategy. But for now, let’s dig deeper into the law itself so you understand exactly what you’re facing.

The Elements of Burglary in the Second Degree

To be convicted under NY Penal Law § 140.25 for second-degree burglary, the prosecution must prove these specific elements beyond a reasonable doubt:

  • You knowingly and unlawfully entered or remained in a building or dwelling
  • You did so with the intent to commit a crime inside that building or dwelling

Seems simple enough at first glance, but there are some nuances that make these charges complex. Let’s break it down step-by-step:

Knowingly and Unlawfully Entering or Remaining

First, the prosecution has to show you knowingly and unlawfully entered or remained inside a building or dwelling without permission or authority. This means you were aware you weren’t allowed inside and did so anyway.

For example, if you accidentally entered the wrong apartment while drunk or climbed through an unlocked window that you mistakenly thought was your friend’s place, you may be able to fight the “knowingly” part.

With Intent to Commit a Crime

Here’s where things get tricky. The prosecution doesn’t just have to show you entered unlawfully – they have to prove you intended to commit another crime once inside.

This crime doesn’t have to be successful. Just the intent to commit a crime like larceny, assault, or vandalism is enough. But how does the prosecution prove what you were thinking at the time? That’s where an experienced NY burglary lawyer comes in.

At Spodek Law Group, we dig deep into the context and circumstances to cast doubt on the intent element. Things like your statements, actions, relationship to the property or owner, and any other evidence surrounding the incident can reveal whether criminal intent existed or not.

Burglary Degrees and Penalties in New York

Now that you understand the core elements of a second-degree burglary charge, let’s compare it to other burglary offenses in NY:

Burglary in the First Degree – Class B Felony

The most serious burglary offense under NY Penal Law § 140.30, this applies when:

  • You are armed with explosives or a deadly weapon while committing the burglary
  • You cause physical injury to a non-participant during the crime
  • The building or dwelling is occupied at the time

First-degree burglary can mean up to 25 years in prison.

Burglary in the Second Degree – Class C Felony

This covers standard unlawful entry with criminal intent that we already discussed. Second-degree can mean up to 15 years behind bars.

Burglary in the Third Degree – Class D Felony

Per NY Penal Law § 140.20, third-degree applies when you:

  • Knowingly enter or remain unlawfully in a building with intent to commit a crime
  • Are not armed with explosives or a deadly weapon
  • The building or dwelling is not occupied at the time

Up to 7 years in prison here.

Defenses That Can Beat Burglary Charges in New York

As you can see, a burglary conviction can carry some heavy consequences under New York law. That’s why building an aggressive defense is critical. Here are some strategies that may get the charges reduced or dismissed completely:

You Had Permission to Enter

If you had reason to believe you were allowed inside, that could defeat the “unlawful entry” element. Common reasons include:

  • You had the owner’s consent
  • You were a tenant or guest of the tenant
  • You had an honest but mistaken belief you were permitted inside

No Intent to Commit a Crime

If there’s little evidence you planned to commit a crime once inside, the intent element falls apart. For example, if you entered to seek shelter from the cold or find someone you thought was home.


Eyewitness misidentification is common. If the person who reported the incident was incorrect about your involvement, the entire case crumbles.

Illegal Search and Seizure

If police improperly stopped, searched or arrested you in violation of your 4th Amendment rights, crucial evidence could be thrown out.

See how the right defense strategy flips the script? Don’t let prosecutors railroad you. Get Todd Spodek and his top-rated legal team on your side today. With nearly three decades of experience beating complex NY criminal cases, they have what it takes to protect your freedom and future.

Listen, I know being arrested for a crime feels overwhelming. But you’re not in this alone. The dedicated attorneys at Spodek Law Group are here to humanize this process and aggressively defend your rights. Don’t leave your fate in the hands of overzealous prosecutors. Contact them today for a free case evaluation and let them stand between you and these serious allegations. The call is free, so you have nothing to lose.

Stay strong, you got this! Prosecutors may act tough, but with the right legal firepower backing you up, these charges can be defeated. So keep your chin up and fight smart. Your future is too important to give up hope now. If anyone can win this case, it’s the battle-tested team at Spodek Law Group.

Why Spodek Law Group Is New York’s Best Choice for Beating Burglary Charges

Let’s be real here – a burglary conviction can truly turn your life upside down in an instant. I’ve seen it time and time again over the years. One minute you’re just living your life, the next you’re facing over a decade behind bars and a record that follows you forever. It’s enough to make anyone feel panicked and hopeless.

But here’s the good news – with the right lawyer by your side, these charges can be beaten. The skilled NYC criminal defense attorneys at Spodek Law Group know exactly how to mount an aggressive defense against allegations as serious as burglary in the second degree.

You won’t find a more client-focused and compassionate legal team in New York. Founding attorney Todd Spodek is one of the state’s most seasoned and successful trial lawyers when it comes to defending complex felony cases like this. Unlike some of those stuffy law firms that treat you like just another case file, Todd takes the time to understand the real human impact these charges have on your life.

In nearly 30 years handling criminal cases, he’s seen it all when it comes to poking holes in the prosecution’s case. Todd and his handpicked team will vigorously challenge questionable evidence, witness credibility, police misconduct, constitutional violations, and any other weakness that can raise reasonable doubt of your guilt.

With Todd in your corner, you can feel confident knowing you have New York’s top defense lawyer fighting to protect your rights, freedom, and future at this critical moment. Don’t leave your life in the hands of an overworked public defender. Contact the Spodek Law Group today to schedule a free consultation and put their unmatched experience to work defending you against these terrifying allegations.

You can breathe easy knowing this amazing legal squad has your back. And here’s a little secret – beyond his skills in the courtroom, Todd is honestly just one of the most down-to-earth, compassionate people you’ll ever meet despite his success. He really takes the time to understand the human impact of these charges so he can provide the personalized guidance you deserve.

The Spodek team treats every client like family, and they will get to work immediately leveraging their decades of experience to build the strongest possible defense on your behalf. Don’t wait to act – call them now for a free case review, and let New York’s top criminal attorneys protect everything you’ve worked so hard to build. You’ve made it this far in life – don’t stop fighting now. With Spodek Law Group defending your rights, the odds are firmly in your favor.

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