Similar to Robbery, Burglary in New York ranges from a “D” felony, punishable by up to seven years in jail, to a “B” felony, punishable by as much as twenty five years in state prison. These Burglary crimes are Burglary in the Third Degree (New York Penal Law 140.20), Burglary in the Second Degree (New York Penal Law 140.25) and Burglary in the Third Degree (New York Penal Law 140.30).
Often times, people misunderstand the difference between Robbery and Burglary (Robbery is from a person while Burglary involves a building). Moreover, people think you have to steal something from a home or office to commit this crime. While a theft from a home or office may constitute a Burglary in Brooklyn, Queens, Manhattan, or anywhere in New York State, one does not have to be creeping around an apartment wearing a black mask and gloves in the middle of the night. In fact, no theft is required at all.
The following links for each degree of Burglary give the pertinent information and background about these crimes. Keep in mind that an experienced New York criminal defense lawyer should be able to explain how your facts fit or do not fit within these definitions. Additionally, because of the legal terms found throughout the New York Penal Code, consult with a New York criminal defense lawyer to vet your case and to ascertain and implement the proper defense.
- Burglary in the Third Degree – NY PL 140.20
- Burglary in the Second Degree – NY PL 140.25
- Burglary in the First Degree – NY PL 140.30
While Burglary can be a sole arrest or indictment charge, it is often associated with other crimes that can be less, equally or more serious than the Burglary charge. Some of these crimes include:
- Criminal Possession of a Weapon - Article 265 of the NY Penal Law
- Assault – Article 120 of the NY Penal Law
- Grand Larceny – Article 155 of the NY Penal Law
- Criminal Possession of Stolen Property – Article 165 of the NY Penal Law
It is also important to note that the alleged value of stolen property during a Burglary is not relevant to this charge. While it may have an impact on the charges of Grand Larceny or Criminal Possession of Stole Property, the law has not provision to distinguish a theft of $5,000 in cash or a week old comic book.
For further information on the crime of Burglary and related offenses, review Saland Law’s New York Criminal Lawyer Blog (newyorkcriminallawyer-blog.com).
The founding New York criminal defense attorneys at Saland Law served as prosecutors in the Manhattan District Attorney’s Office prior to starting the criminal defense firm. Saland Law represents clients throughout the New York City region.
Call us at (212) 312-7129 or contact us online today to discuss your case and possible defenses.