NYC Burglary Lawyers
NY Penal Code 140 Burglary and Trespass
In this post, we’re going to take a look at some of the terms, definitions, and charges regarding burglary under New York penal law. First, let’s define our terms.
Criminal trespass and burglary; definitions of terms
- Premises is basically the same as building.
- Building basically includes any structure or vehicle used as lodging, or as a school of some sort, or a motor truck, or motor truck trailer. When a building consists of two or more untis, each unit is a separate building and part of the main building.
- A dwelling is a building that’s occupied by someone.
- Night is the period thirty minutes after sunset and thirty minutes before sunrise.
- To enter or remain unlawfully, you’d have to stay somewhere you’re not privileged to. Someone who enters or remains on public property does this with the privilege to do so, unless he goes against an order not to do so. A privilege to enter or remainin a building that’s partly open to the public isn’t a privilege to remain in the part that’s not public.
Trespass
You’re guilty of trespass when you knowingly enter and/or remain on premises. Trespass is a violation.
Criminal trespass in the third degree
You’re guilty of criminal trespass in the third degree when you knowingly enter a building that’s fenced, or if the building is used as a school or children’s camp, or if it’s located in a city with a population of more than one million and where the building is used as a school. Criminal trespass in the third degree is a class B misdemeanor.
Criminal trespass in the second degree.
You’re guilty of this particular crime when you knowingly enter a dwelling, or if you’re required to maintain registration under certain laws and you knowingly enter a school or other similar building knowing that the victim of the offense that they’re required to have registration for attends or formerly attended the school. It’s not an offense if you’re lawfully registered as a student at the school, if you’re participating in a school event, or if you’re the parent of a student at the school. Criminal trespass in the second degree is considered to be a class A misdemeanor.
Criminal trespass in the first degree.
You’re guilty of this crime when you knowingly enter a building, and while committing this crime, possess an explosive or deadly weapon, or possess some sort of firearm and enough ammunition to discharge this firearm, or if you know that another participant in the crime possesses a firearm. This particular crime is a class D felony.
Burglary in the third degree.
You’re guilty of burglary in the third degree if you enter a building with intent to commit a crime. This is a class D felony.
Burglary in the second degree
You’d be guilty of this crime if you knowingly entered a building with the intent to commit a crime, and while in the building you were armed with explosives or a deadly weapon, or caused physical injury to anyone who isn’t a participant in the crime, or use or threaten the use of some sort of deadly instrument, or display what looks to be a firearm, or if the building’s a dwelling. This crime is a class C felony.
Burglary in the first degree
To be guilty of this crime, you’d have to enter or remain in a dwelling while intending to commit a crime, and, while there, either be armed with explosives or a deadly weapon, cause injury to someone who’s not part of the crime, or use or threaten the use of a dangerous implement. This one is a class B felony.
Possession of burglar’s tools
You’re guilty of this crime when you possess any tool, instrument or some other type of article that’s usually used for committing crimes of forcible entry into premises. This crime is punishable as a class A misdemeanor.
Unlawful possession of radio devices
The term radio device basically means a device that can receive wireless transmission on a frequency that’s used for police officers, or any device that can transmit and receive a wireless transmission. You’re guilty of this when you possess a radio device while intending to use it to commit a robbery, burglary, larceny, gambling, or else a violation of certain provisions. This crime is a class B misdemeanor.
So, when the letter of the law is broken down in this way, it becomes much less complicated and much more accessible.
New York Penal Law 140.30: Burglary In The First Degree
When dealing with burglary crimes, burglary in the first degree is often considered a felony. Many people think of the crime as one that is committed under the cover of darkness at night by someone who is wearing black clothing or who is wearing mask and trying to get inside a business or a home. This is considered burglary, but there are many other components with the crime that are approached when charges are filed. Burglary is a crime in each state, but the penalties are usually different, ranging from fines to restitution and time in jail.
First degree burglary is committed when the defendant enters a building with the intention of a crime being committed. The prosecution must be able to show that there is evidence that a crime has occurred while convincing a jury or a judge beyond a reasonable doubt that the burglary was intentional. Until recent years, burglary only involved the defendant unlawfully entering a person’s home. Now, a burglary charge can be sought if the person enters an abandoned building or a business. School buildings, houseboats and tents are also included in the types of dwellings that can be burglarized. A residential burglary is often punished more severely than if the building is a business or a commercial property. The residence must be an environment where someone lives, even if it is a campsite.
One of the components of first degree burglary is that the defendant entered the building, whether it’s a home or business, without permission. The building must be one that is privately owned and operated or one that is publicly owned but prevents unlawful entry without permission. Another aspect of the crime is that the defendant enters a building that is public but plans to commit a crime while inside the building. The entire body of the defendant doesn’t need to be inside the building for first degree burglary to occur. A tool used to commit the crime can be put through a door or window, and the person would still be charged. There are some states that pair breaking into a building with burglary. Forced entry will satisfy this claim. The prosecution must be able to show that a felony was going to be committed in order to charge the defendant with first degree burglary.
Examples Of First Degree Burglary
A simple example of this crime is if a person breaks a door or window in a home or business and enters the property. The person would plan on stealing something or have the time to steal something before law enforcement arrives. Another example is if a person enters a store and takes items from the shelves without paying for them. An example of forced entry would be when the defendant lifts a window or uses a door knob to gain entrance. If someone arrives at an event with the intent of taking property, then this is considered burglary. If the person simply sees something and takes it without intending to when arriving, then it’s considered theft.
Defenses For First Degree Burglary
A NYC criminal attorney can examine the evidence that is presented to determine if there was any intent when the crime occurred. If the defendant is convicted of burglary, the person can be sentenced to jail for up to 20 years and see hefty fines. A defense that is sometimes used is that the defendant was forced to break into the building and steal items inside. It’s hard to come up with a defense to this type of crime, but a possible one is that the defendant didn’t commit the act in the first place.
New York Penal Law 140.25: Burglary in the second degree
Burglary is a type of crime that oftentimes is called breaking and entering. In general terms, burglary is entering a building without permission and to commit a crime. In addition, a person could be guilty of burglary if he or she entered a building legally, but then refused to leave when requested to do so.
Burglary is classified to different degrees of severity in the New York penal law. Felony burglary in the second degree is once such derivation of the crime.
The Elements of the Crime of Burglary in the Second Degree
Burglary in the second degree involves other potential elements beyond entering into a building without permission and to commit a crime. The other elements include the perpetrator carrying a deadly weapon or explosives, displayed a gun, or threatened to use a dangerous instrument. In addition, injuring someone during the course of a burglary also categorizes the crime as burglary in the second degree in New York.
A person can be charged with burglary in the second degree, whether or not these additional elements are present, if the building is classified as a house, apartment, or any other type of premise in which people stay overnight. The theory is that these types of premises expose innocent people to higher levels of risk when burglarized.
Examples of Burglary in the Second Degree
An example of burglary in the second degree is the case of a person who pries open the door to a electronics store after hours. The individuals taking this action intends to steal some consumer electronic devices.
When entering the building, the individual who entered without permission encounters the store owner, who was still on site. The person breaking and entering pulls a gun on the store owner.
Another example involves an individual that breaks a sliding glass door to a residence, which obviously is a place where a person stays overnight. The person who broke into the home intends to steal jewelry and other valuable items from the premises.
Sentence for Burglary in the Second Degree
Because burglary in the second degree is classified as a violent crime in New York, a person convicted of this offense faces a minimum sentence of 3.5 years in prison in any case. The maximum sentence is 15 years incarcerated. The circumstances surrounding the crime, together with a defendant’s criminal history, govern the length of the sentence beyond the statutory minimum. No matter the circumstances, when a person is convicted of this crime, there is no way around the mandatory minimum sentence enumerated in the New York Penal Law.
Defenses to Burglary in the Second Degree
A skilled, experienced NYC criminal lawyer may be able to mount an effective defense to a charge of burglary in the second degree. There are some possible defenses to this charge.
An example of a defense centers on a case in which an allegation that a deadly weapon was used. The prosecutor is required to prove that the so-called weapon used in perpetrating the burglary was in fact deadly. A dull butter knife is not likely to meet the definition of a deadly weapon for the purposes of a case of burglary in the second degree.
If the case centers on a contention that the perpetrator caused bodily harm to someone, the physical injury must be significant enough to meet the definition of physical injury as contained in the New York Penal Law. In other words, it cannot be a minor bruise or scrape, but rather something more substantial to qualify as a physical injury for the purpose of the second degree burglary law.
New York Penal Law 140.20: Burglary in the third degree
Burlgary is a crime that involves the entering of another person’s property in an unlawful manner and with the intention of committing an illegal act, usually to steal property or money. The crime is considered a felony. Under New York’s Penal Law, there are three types of offenses related to burglary. The least serious charge of the three is burglary in the third degree. Under New York’s penal law section 140.20, there are certain criteria that must be met in order to be guilty of burglary in the third degree. The prosecutor must prove that you were unlawfully in or on the premises and that you must have had a premeditated reason for being there. This means that you must have had the intention of committing a crime when you entered the premises as entering property that belongs to someone else is trespassing, not burglary.
Example of Burglary in the Third Degree as Per New York Penal Law Section 140.20
An example of burglary in the third degree per the New York Law Section 140.20 is a man entering the home of his ex-wife. He does so through the back door, knowing that it would probably be unlocked. The man is carrying a dog leash and is intent on stealing the dog that the former couple cherished during their marriage but that he lost after the divorce as his ex-wife was granted full ownership. The man collects the dog and stealthily leaves the house. As a result of these actions, he could be charged and prosecuted for burglary in the third degree because he unlawfully entered his ex-wife’s house and had a dog leash in tow, proving that he fully intended on taking her dog.
On the other hand, if the man simply entered his ex-wife’s home and didn’t take the dog or steal any of her belongings, he could be charged with trespassing. That situation would not involve a burglary charge.
Possible Defenses for Burglary in the Third Degree
One of the chief defenses that your NYC criminal lawyer can use is to prove that although you were on the premises unlawfully, you had no intention of committing burglary or any other crime. For instance, if you were shopping at a supermarket during very late hours and ended up getting locked in the building by mistake, this means you were actually lawfully on the premises and were not there with the intention of committing any type of crime.
Penalties and Sentences for Burglary in the Third Degree
The crime of burglary in the third degree is considered to be a class D felony. As a result, the maximum sentence you can receive when you are charged and convicted of the crime is seven years in prison. Depending on whether or not you have a prior criminal record, you may be sentenced to a longer or shorter term in prison. In addition, if you don’t have any prior convictions or none for the past 10 years, you may not even receive any prison stay at all and might instead simply receive probation. However, having at least one previous felony conviction during the past 10 years can mean the judge sentences you to a minimum of two to four years in prison.
New York Penal Law 140.25: Burglary in the second degree
Burglary is a type of crime that oftentimes is called breaking and entering. In general terms, burglary is entering a building without permission and to commit a crime. In addition, a person could be guilty of burglary if he or she entered a building legally, but then refused to leave when requested to do so.
Burglary is classified to different degrees of severity in the New York penal law. Felony burglary in the second degree is once such derivation of the crime.
The Elements of the Crime of Burglary in the Second Degree
Burglary in the second degree involves other potential elements beyond entering into a building without permission and to commit a crime. The other elements include the perpetrator carrying a deadly weapon or explosives, displayed a gun, or threatened to use a dangerous instrument. In addition, injuring someone during the course of a burglary also categorizes the crime as burglary in the second degree in New York.
A person can be charged with burglary in the second degree, whether or not these additional elements are present, if the building is classified as a house, apartment, or any other type of premise in which people stay overnight. The theory is that these types of premises expose innocent people to higher levels of risk when burglarized.
Examples of Burglary in the Second Degree
An example of burglary in the second degree is the case of a person who pries open the door to a electronics store after hours. The individuals taking this action intends to steal some consumer electronic devices.
When entering the building, the individual who entered without permission encounters the store owner, who was still on site. The person breaking and entering pulls a gun on the store owner.
Another example involves an individual that breaks a sliding glass door to a residence, which obviously is a place where a person stays overnight. The person who broke into the home intends to steal jewelry and other valuable items from the premises.
Sentence for Burglary in the Second Degree
Because burglary in the second degree is classified as a violent crime in New York, a person convicted of this offense faces a minimum sentence of 3.5 years in prison in any case. The maximum sentence is 15 years incarcerated. The circumstances surrounding the crime, together with a defendant’s criminal history, govern the length of the sentence beyond the statutory minimum. No matter the circumstances, when a person is convicted of this crime, there is no way around the mandatory minimum sentence enumerated in the New York Penal Law.
Defenses to Burglary in the Second Degree
A skilled, experienced NYC criminal lawyer may be able to mount an effective defense to a charge of burglary in the second degree. There are some possible defenses to this charge.
An example of a defense centers on a case in which an allegation that a deadly weapon was used. The prosecutor is required to prove that the so-called weapon used in perpetrating the burglary was in fact deadly. A dull butter knife is not likely to meet the definition of a deadly weapon for the purposes of a case of burglary in the second degree.
If the case centers on a contention that the perpetrator caused bodily harm to someone, the physical injury must be significant enough to meet the definition of physical injury as contained in the New York Penal Law. In other words, it cannot be a minor bruise or scrape, but rather something more substantial to qualify as a physical injury for the purpose of the second degree burglary law.