Burglary is defined as entering a home or building with the intent of committing a crime, and it is considered a violent felony in New York, whether or not you were armed and whether or not anyone was home while you were there.
It is charged along three degrees, with increasingly punitive sentences for conviction.
Burglary in the Third Degree is the simple act of entering or remaining in a building – but not a home – with the intent to commit a crime.
Conviction for Third Degree Burglary can result in a sentence of up to 7 years, but at least one year in prison.
Burglary in the Second Degree is much more serious. In this case, the allegation is that you were in a home with the intent to commit a crime, you were in another building and caused injury, or that during the burglary, you or an accomplice had a weapon.
Conviction for Second Degree Burglary puts you away for at least 3.5 years, and as long as 15 years.
If you commit burglary of a home and someone gets hurt, or you have a weapon, you can be charged with Burglary in the First Degree.
The minimum sentence for the Class B Violent Felony is 5 years, but if you have previous convictions or the facts of the case are especially shocking, the court can order you to prison for as long as 25 years.
Burglary charges demand experienced, capable legal help. Call our NYC criminal defense team at (212) 577-6677 and schedule a consultation right away.
