New York Penal Law § 140.30: Burglary in the First Degree

New York Penal Law § 140.30: Burglary in the First Degree

At Federal Lawyers, we understand the seriousness of being charged with burglary in the first degree under New York Penal Law § 140.30. As one of the premier criminal defense law firms in the country, we have the experience and expertise to aggressively defend your rights if you are facing this grave accusation.

What Constitutes Burglary in the First Degree?

Under New York law, a person is guilty of burglary in the first degree when they knowingly enter or remain unlawfully in a dwelling with the intent to commit a crime inside, and when in the course of committing the offense, they or another participant in the crime:

1. Is armed with explosives or a deadly weapon; or
2. Causes physical injury to a person who is not involved in the crime; or
3. Uses or threatens the immediate use of a dangerous instrument; or
4. Displays what appears to be a gun or firearm.

Let’s break this down. To be convicted of first-degree burglary, the prosecution must prove beyond a reasonable doubt that you:

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

You returned home late one night to find a stranger inside your apartment who claimed to be looking for a friend's unit. Police arrived and arrested the intruder, but now prosecutors are charging him with burglary in the first degree under NY Penal Law § 140.30, and they want you to testify about whether he displayed what appeared to be a weapon during the encounter.

What makes this burglary in the first degree instead of a lesser burglary charge, and what kind of penalties is this person actually facing?

Attorney's Answer

Under New York Penal Law § 140.30, burglary in the first degree is a Class B violent felony that carries a potential sentence of up to 25 years in state prison. What elevates a burglary to the first degree is that the defendant knowingly entered or remained unlawfully in a dwelling — not just any building — and either was armed with a deadly weapon, caused physical injury to a non-participant, used or threatened to use a dangerous instrument, or displayed what appeared to be a firearm. The prosecution must prove each element beyond a reasonable doubt, including that the structure qualifies as a dwelling and that one of these aggravating factors was present. An experienced defense attorney can challenge whether the alleged weapon was actually displayed, whether the entry was truly unlawful, or whether the defendant had the requisite intent at the time of entry.

This is general information only. Contact us for advice specific to your situation.

• Entered or stayed in a building unlawfully (without permission or authority)
• The building was a dwelling (a place where people typically lodge overnight)
• You intended to commit a crime inside
• You or an accomplice possessed a weapon, injured someone, threatened to use a dangerous instrument, or appeared to have a gun