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Burglary Charges in NY State

Criminal Defense Lawyers Explain Burglary ChargesBurglary is a crime that New York courts and law enforcement take very seriously. A burglary conviction is a felony conviction. As such, a felony conviction can lead to significant time in prison, in addition to fines and parole and/or probation.

NY Sentences for Felony Burglary Convictions

NY Penal code outlines sentence, penalties and fees for felony burglary charges. These charges do not include Drug Charges. Factors such as multiple charges, predicate charges (explained below) and convictions, will impact the guidelines used upon conviction to determine felony sentencing.

Burglary in the First Degree

NY Penal Code 104.30 

Class B Felony

Burglary in the First Degree is charged with the defendant knowingly enters or remains unlawfully in a dwelling with intent to commit a crime, and when, in achieving entry, or while in the dwelling or in immediate area, participants in a crime, and:

  • Is armed with a deadly weapon or explosives; or
  • Causes physical injury to any person who is not a participant in the crime; or
  • Threatens or uses a dangerous instrument; or
  • Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this area of NY Penal Code, the action is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, capable of resulting in death or other serious physical injury, could be discharged.

Sentencing for Burglary in the First Degree typically ranges from 1-25 years in NY State Prison.

Burglary in the Second Degree

NY Penal Code 140.25

Class C Felony

Burglary in the Second Degree is charged when the defendant knowingly enters or remains unlawfully in a building with intent to commit a crime, and:

1. Upon achieving entry, or while in the building or in immediate area, participates in another crime:

  • Is armed with a deadly weapon or explosives; or
  • Causes physical injury to any person who is not a participant in the crime; or
  • Threatens or uses a dangerous instrument; or
  • Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or

2. The building is a dwelling (residence).

Sentencing for Burglary in the Second Degree typically ranges from 1-15 years in NY State Prison.

Burglary in the Third Degree

NY Penal Code 140.20 

Class D Felony

Burglary in the Third Degree is the charge when the defendant knowingly enters or remains unlawfully in a building with intent to commit a crime.

Sentencing for Burglary in the Third Degree typically ranges from 1-25 years in NY State Prison.

A felony conviction will result in criminal record; require imprisonment, fines and penalties.

In addition to impacting your personal, family and social relationships, a felony burglary conviction could interfere with future employment, financial, education opportunities, and result in termination of rights and freedoms that most U.S. citizens are entitled to. A burglary conviction would likely have a negative impact any pending immigration proceedings.

When charged with burglary, it is in your best interest to hire an experienced criminal defense lawyer as soon as possible.  Do your homework and hire an attorney that understands your case and the legal process you will be facing.

Burglary Conviction Factors

There are several factors that impact sentencing for a felony burglary conviction…

Burglary Felony with Non-Violent Predicate

When a person has been convicted of a non-violent felony of any type within the last ten years, the sentencing for a felony burglary conviction will be impacted accordingly.

Burglary Felony with Violent Predicate

Those who have been convicted of a violent felony within the last ten years of a felony burglary conviction will receive increased sentences, penalties, fines.

Felony Burglary – Persistent Felony Offender

In New York State, when there are two or more felony convictions in one’s past, one may be sentenced as a persistent felony offender. Convicted Persistent Felony Offenders face LIFE in prison.

Felony Burglary – Juvenile Offender

When 16 or younger, an individual may be prosecuted as in adult in criminal court for very serious crimes. Juvenile offenders are not processed under the same guidelines as adult felony convictions.

Felony Burglary – Youthful Offender

Those under the age of 19 years old at the time of the alleged offense may be eligible for “Youthful Offender Treatment.”  If determined to be a Youthful Offender that individual is not considered to be convicted of a crime by New York State, and therefore protected from establishing a felony record. Youthful Offenders are not protected from the Federal Government considering a crime for Immigration purposes, however.

Sentencing for Youthful Offenders is different from adult felony conviction guidelines. The maximum sentence for a Youthful Offender is 1 1/3 – 4 years in prison.

Why You Need an Experienced Criminal Defense Attorney

The facts of the case, combined with the behavior and statements of the defendant could mean the difference between a conviction, dropped charges or reduced charges, all of which directly impact sentencing.

A felony conviction will likely mean prison time, reduced lifetime earning potential, quality of life and loss of personal freedoms. Learn more about felony charges. An experienced criminal defense lawyer has the knowledge required to process the information and how the law applies to your specific situation and then seek the best possible outcome.

Best Advice for Those Facing Burglary Charges

Hire the best criminal defense attorney you can afford – as soon as possible.

You will want to hire the best legal representation you can afford and an attorney who is dedicated to your case. It is an investment in your future. If you’ve called multiple law offices, you may have been surprised to learn that it doesn’t always cost more to hire an experienced criminal defense attorney.

The E. Stewart Jones Hacker Murphy Law Firm typically costs no more, and sometimes less, than other criminal defense lawyers in the region. Also, depending on the case and client, we will consider payment plan options, so please ask your attorney for more information.

We encourage you to do your own research, and then ask yourself:  If fees are the same or very similar, who would I want to represent me?

E. Stewart Jones Law represents clients facing criminal charges all Capital District Region courts, and will schedule onsite meetings with clients incarcerated, or being held without bail.

Talk to a Criminal Defense Attorney Today

Schedule a Free Phone Consultation or a confidential in-person meeting at one of our convenient Capital Region offices in Albany, Latham, Troy, or Saratoga Springs, NY.

Our attorneys are available 24/7 to those facing urgent situations.  Don’t hesitate to call us.  We are here to help.