The crime of burglary is one that can escalate in class depending on the seriousness of the crime, but all burglaries are considered felonies in the state of New York. Given that, any charge of burglary that is brought against you needs to be taken very seriously and fully defended. By working with an experienced attorney such as David Galison, you can give yourself the opportunity to form a well-rounded defense and present that argument in court.

There are three degrees of burglary on the books in New York state, each with a specific definition that outlines the conditions to be met for that charge.

Burglary in the Third Degree

Quite simply, a “person is quite of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.”

This crime is classified as a class D felony, which can carry up to a maximum of seven years in prison.

Burglary in the Second Degree

Second degree burglary picks up where third degree left off, but adds the requirement for the presence of one of the following factors. Either the building has to be a dwelling, or, while effecting perpetration of the crime, the person -

  • is armed with explosives or a deadly weapon, or
  • causes physical injury to any person who is not a participant in the crime, or
  • uses or threatens the immediate use of a dangerous instrument, or
  • displays what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm

If any of the above conditions are met during the commission of a burglary, the charge will be second degree. This is a class C felony, which is punishable by a maximum of 15 years in prison.

Burglary in the First Degree

This most serious burglary charge combines some of the elements of second degree burglary. If the accused entered a dwelling with the intent to commit a crime and met any of the following four conditions, they have committed first degree burglary.

  1. is armed with explosives or a deadly weapon, or
  2. causes physical injury to any person who is not a participant in the crime, or
  3. uses or threatens the immediate use of a dangerous instrument, or
  4. displays what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm

First degree burglary is a class B felony and can be punished with a sentence as long as 25 years.

If you are currently facing any degree of burglary charges in the state of New York, contact the office of David Galison right away. We will provide you with a free consultation and discuss with you the details of your case. We look forward to your call.