Is Burglary a Felony in New York?




    In New York, people often make the mistake of thinking burglary is theft. However, while a robbery can occur during a burglary, this crime doesn’t necessarily mean you stole anything. Burglary is the unlawful entry of another’s property with the intent to commit a crime. Therefore, the crime can be larceny, or it could be assault or any other type of criminal offense. If you’re facing a burglary charge in New York, please don’t hesitate to contact our determined Nassau County Criminal Defense Attorneys, who can help you navigate this difficult time. Please continue reading to learn the potential penalties for burglary in New York. 

    What Are the Key Elements of Burglary in New York?

    Burglary, which is also referred to as breaking and entering, is a serious crime in the state of New York. As mentioned above, it’s common for people to associate burglary with theft. While a burglary offense can include theft, it’s not the only way to commit this crime. The primary component of burglary is an individual unlawfully entering another person’s property intending to commit a crime. It’s crucial to understand that you don’t have to actually commit a crime while inside a home, business, or other structure to face a burglary charge. Instead, you can face burglary charges for simply intending to commit a crime regardless of whether you went through with it after breaking into and entering into another person’s property. The key elements that the state must prove beyond a reasonable doubt to render a burglary conviction are:

    • The defendant entered, remained in, or trespassed on a property.
    • The defendant did not have the legal right to be on the property at the time of the crime.
    • The defendant intended to commit a crime once they gained access to the property.

    What Are the Potential Penalties for Burglary in New York?

    Burglary charges are taken extremely seriously in New York as they are considered a felony offense. The severity of the penalties for a burglary conviction will vary depending on several factors, including whether it’s charged as a third–, second-, or first-degree crime. A third-degree burglary charge is classified as a Class D felony, punishable by one to seven years in prison and a fine of up to $5,000.

    A second-degree burglary charge is classified as a Class C felony, punishable by one to 15 years in prison and a fine of up to $5,000. Burglary, in the first degree, is the most severe burglary offense an offender can face as it imposes the harshest penalties. A first-degree burglary charge is classified as a Class B felony, punishable by one to 25 years in prison and a fine of up to $5,000.

    With your future at stake, it’s in your best interest to retain the legal services of a skilled Nassau County criminal defense attorney. At Grunwald & Seman, P.C., we are prepared to aggressively protect your rights and fight for your freedom.

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