Under New York law, burglary crimes may be charged in a range from third degree to first degree, depending on the severity of the crime and the specific facts of the case. All of these charges involve felonies and the most severe of the charges carries with it a possible jail sentence of up to 25 years in prison.
The crime of burglary occurs when a person engages in a crime in a building after unlawfully entering or remaining in the building with the intent of committing a crime therein, as opposed to robbery where the crime involves a person. There does not have a theft in order to be a burglary under New York state law.
The crime of burglary occurs when a person enters into a dwelling (residence) knowingly or remains unlawfully (for instance, after an open house) and has the intent of committing a crime. There are different elements that make the crime more serious. In order for a person to be charged with burglary in the first degree, a Class B felony, a person must gain entry to the dwelling or remain unlawfully in the dwelling and:
- Possess a deadly weapon or explosives;
- Cause physical injury to a person who is not a participant in the crime;
- Threaten to use or actually use a dangerous instrument; or
- Display an item that appears to be a firearm. In defending against the charge of burglary in the first degree, it is an affirmative defense that the firearm was not loaded with bullets or otherwise was not capable of being fired.
A person may be charged with burglary in the second degree, which is a Class C felony, if he gains entry to a building or unlawfully remains in a building and:
- Once gaining entry to the building, participates in another crime, which may be:
- The person is armed with a deadly weapon or firearm;
- The person causes physical injury to another person who is not a participant in the criminal activities;
- The person threatens to use or uses a dangerous instrument; or
- The person displays an object that appears to be a firearm; or
- The person enters a residential dwelling.
This crime may lead to a sentence of between one and 15 years in prison after sentencing.
A person may by charged with burglary in the third degree, which is a Class D felony, if he entered a building knowingly or remains in a building unlawfully with the intent to commit a criminal act. A person who is convicted of burglary in the third degree may be sentenced to a term between one and seven years in state prison.
In addition to the sentencing guidelines, when a person has been convicted of previous felonies, the sentences that are imposed after conviction may be much more severe. Many times, a person who is charged with burglary also may face charges for related crimes, such as assault, grand larceny, criminal possession of stolen property, and criminal possession of a weapon.
Greco Neyland, PC Aggressively Defends against Burglary Charges
Burglary charges in New York are brought as felony crimes, which means that a person who is convicted of one of these charges faces serious prison time and life with a felony criminal record. If you are being charged with burglary, it is important to retain attorneys who understand how to defend against these charges.
At Greco Neyland, PC, we are ready to challenge the evidence set forth by the prosecutor in order to get the best results possible for our clients. Call us at (212) 951-1300 to schedule a free initial consultation. We have offices in Manhattan and serve all five boroughs of New York City.
Midtown Office (Main): 535 5th Ave #2500
New York, NY 10017
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Experience as a former prosecutor gives Jeffery Greco an edge in building the strongest possible defense strategy for the accused in New York City.
A thorough investigation is key to finding every reasonable doubt and getting charges reduced or dismissed for NYC defense attorney Dustan Neyland.
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