Burglary
What is the Crime of Burglary in New York, and What are the Penalties for the Different Degrees of Burglary?
In New York State, Article 140 of the Penal Law defines the crime of burglary.
In its most basic terms, burglary is when a person knowingly and unlawfully enters into or remains in a building with the intent to commit a crime.
Essentially, the crime of burglary has two components. First, there must be a trespass. That is, a person must enter or remain in a building while knowing it is unlawful. Second, the person must commit this trespass with the intent to commit a crime within the building. So, to be convicted of burglary, the prosecution must prove both that the defendant intended to commit a crime within the building at the same time that he or she unlawfully entered or remained inside it.
In New York State, there are three degrees of burglary, all of which are felonies:
Third-degree burglary: This is a Class D felony. The penalties for this degree can include 1-7 years in prison and a potential fine of $5,000.
Second-degree burglary: This is a Class C felony. The penalties for this degree can include 1-15 years in prison and a potential fine of $5,000.
First-degree burglary: This is a Class B felony. The penalties for this degree can include 1-25 years in prison.
Various factors determine the different degrees of burglary:
Third-degree burglary: This is the basic level of burglary involving unlawful entry into a building with the intent to commit a crime.
Second-degree burglary: This involves the same elements as third-degree burglary but is elevated to second-degree if, while entering the building or in immediate flight from the building, the defendant or a participant in the crime is armed with explosives or a deadly weapon, causes physical injury to a non-participant, or displays what appears to be a firearm. A person also commits Second-degree burglary if the building entered is a dwelling, that is, a building which is usually occupied by a person lodging therein at night
First-degree burglary: This is the most serious level of burglary. It occurs when the building is a dwelling, and one of the other four aggravating elements for second-degree burglary is present.
It is important to note that ‘breaking and entering’ into the building is not necessary for a burglary charge. Opening an unlocked door, climbing through an open window, or remaining inside a building after it is closed is sufficient. Also, the crime intended to be committed inside the building does not have to be a theft; it can apply to any crime, such as a sex offense, criminal mischief, or assault. It is also essential to understand that a person charged with burglary merely has to intend to commit a crime in the place that they entered. They don’t have to commit the crime. A burglary charge will stand if the person unlawfully on the premises simply intended to commit a crime therein.
Finally, it is important to note that the original charges of burglary and their potential sentences and the final actual charge and sentence can vary based on the case's specifics and other factors.
If you or someone else is facing charges, it’s essential to consult with an experienced legal professional like Tom Tormey.
