30 May 18

NYC Burglary Lawyers

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Last Updated on: 3rd August 2023, 09:07 pm

There are six degrees of burglary in New York. Burglary is defined as an act committed when a person illegally enters into the home of another person with the intent to engage in a criminal act, over and above the unlawful entry. Whether or not the crime is a felony depends on the several factors.

Article 140 of the New York Penal Law states the three degrees of burglary. There is Burglary in the First Degree, Burglary in the Second Degree, and Burglary in the Third Degree. Possession of Burglar’s Tool’s is a related offense.

Burglary in the Third Degree

In New York, this crime is a felony offense. If convicted, you could serve 1 to 3 years in jail. The maximum sentence for this crime is 2.3 to 7 years in jail. In some circumstances, the judge may decide to give the defendant a lesser alternative sentence if the accused enter a building, not a house, to commit the crime.

Burglary in the Second Degree

Burglary in the Second Degree is classified as a Class C violent felony. If you are convicted of this, the minimum punishment is 3.5 years in jail. The offense carries a maximum sentence of 15 years. A person is charged with burglary in the second degree is:

A person enters a home illegally with the intent to commit a crime;
A person commits a burglary in a building and the burglar’s actions cause someone to get hurt;
Or, a person commits a burglary in a building and either the burglar or their accomplice has and shows a weapon.

Burglary in the First Degree

Burglary in the First Degree is a Class B felony. If convicted, you can be sentenced to 25 years in prison. You will at least spend 5 years in prison for this crime. This charge is of the same seriousness as an attempted murder charge. This crime is charged when:

You can be accused of committing burglary in a home if the following occurs:

Is armed with a weapon;
Or harms someone; and
In possession of burglar’s tools.

In New York, the possession of burglar’s tools is a Class A misdemeanor. At the least, a person convicted of this will have to face an alternative punishment. The maximum sentence for this is one year in jail. This crime is committed when:

A person is in possession of tools, or instruments that are used for burglary and the circumstance show that they tended to use them illegally.

While this crime can be its own charge, it’s typically accompanied by additional offenses like:

criminal Possession of a Weapon
Grand Larceny
criminal Possession of Stolen Property

If you or someone you know has been charged with burglary, it’s important that you contact our legal team at Spodek Law Group. Your initial consultation is free. Don’t wait to take action. This is a serious charge that can negatively impact your life. We have law offices around New York and Long Island. Please call us at 888-829-1365. You can also visit our website at Our attorneys are experienced and ready to offer you the best defense.