Bronx Burglary Lawyer

Overview of Burglary in New York

If you are charged with burglary in the Bronx, contact a lawyer immediately for help. There’s no time to waste. In the meantime, knowledge is power and the following is what you need to know about being charged with burglary in the Bronx.

What is Burglary?

Burglary is defined in Section 140 of the state’s penal code. It is the trespassing or entering in a property owned by another without consent and with the intent to commit a crime. It also involves remaining on the property after no longer having consent to commit a crime.

According to Article 140 of the New York Penal Law, an individual is guilty of committing burglary when he or she knowingly enters and unlawfully remains in a building with an intent to commit a crime. An individual can be charged with burglary if he or she climbed through an unlocked window or opened an unlocked door, so one can be charged with burglary without breaking and entering.

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Legal Scenario: What Would You Do?

Scenario

You were visiting a friend's apartment in the Bronx when police arrived and arrested everyone present, claiming you unlawfully entered the unit to steal electronics. You never took anything and believed you had permission to be there, but now you're facing burglary charges.

Can I really be charged with burglary if I didn't actually steal anything from the apartment?

Attorney's Answer

Under New York Penal Law Section 140.20, burglary in the third degree occurs when a person knowingly enters or remains unlawfully in a building with the intent to commit a crime therein — the prosecution does not need to prove you actually completed a theft. However, the key element is intent, and if you genuinely believed you had permission to be in that apartment, that directly undermines the 'unlawfully enters or remains' requirement. A skilled Bronx burglary defense attorney can challenge the prosecution's evidence of criminal intent and argue that your presence was lawful, potentially getting the charges reduced or dismissed entirely. Given that burglary in the third degree is a class D felony carrying up to seven years in prison, mounting an aggressive defense from the outset is critical.

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

The Three Degrees of Burglary

In New York, burglary is separated into three degrees, ranging from the lowest level to the most serious.

Third Degree Burglary: Class D Felony