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Defending Burglary Charges in New York

New York City Burglary Attorneys That Will Aggressively Work On Your Side to Clear Your Charge


BURGLARY is a felony charge that is often used in conjunction with other charges, such as breaking and entering. The name “burglary” is often used to describe all manners of criminal trespassing. Unlike other crimes of physical property theft, burglary implies a premeditated intent to commit a crime. Burglary is the uninvited and undesired entry of another person’s property and/or domicile resulting in with the knowledge and purpose of committing a crime while inside the premises. In New York these charges are highly penalized by the courts and you will most likely receive jail time if you are found guilty in a NY burglary case. It is important to understand that due to the premeditation associations with burglary it is treated with a jaundiced and scrutinizing eye by the courts and you will need to act quickly to develop a successful defense. Moreover, because it is rare to be charged with a single count of burglary or even charged with just burglary you will need a strong New York criminal attorney on your side to reduce or mitigate charges to avoid a costly felony conviction and jail time.

NY Burglary Charges

NYS Laws Mandate a Top Burglary Attorney

The New York Penal Code is specific in regards to not only the charge of “burglary” but also related offenses, such as trespassing. Your NYC burglary attorney comments on the statues:


S 140.00 Criminal trespass and burglary; definitions of terms.
Criminal trespassing can most often describe the activities that law enforcement has identified as potentially leading to the charge of burglary. For example, the act of being where you are either uninvited or unwanted can be considered “criminal trespassing”.


S 140.05 Trespass.

This charge may be levied at individuals who are loitering in areas that are designated as being “off limits”. This is simply a violation, but can be used in conjunction with other New York burglary charges.


S 140.10 Criminal trespass in the third degree.

Criminal trespassing in the third degree is most often used when an individual has been asked to leave a location and lingers for whatever reason. This is considered unlawful behavior and criminal trespassing in the third and a criminal misdemeanor can be levied against you.

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S 140.15 Criminal trespass in the second degree.

Criminal trespassing in the second can be used to prosecute unlawful entry of an establishment that has posted or informed an individual that they are disallowed from entry, or used when an individual is restricted access to a public location. An example would be entering school property without having a child at that school could be considered criminal trespassing. Many times this charge is issued in coordination with another criminal offense, like possession or distribution. This is classified as a class A misdemeanor in NYC.


S 140.17 Criminal trespass in the first degree.

Criminal trespassing in the first degree is a D-Felony in New York and is used in association many times with other criminal charges. The individual could enter a non-restricted location, but with weapons or other materials that would indicate that they intend to commit a crime in that location.


S 140.20 Burglary in the third degree.

Burglary in the third degree is a class D felony that is most often the charge pressed against individuals who may have committed an earlier crime of shoplifting in a particular location and have returned to that location without the permission (or denied permission) by that store.


S 140.25 Burglary in the second degree.

Burglary in the second is levied at individuals who have broken into an establishment, or unlawfully entered an establishment with a weapon on their person. This is different from robbery wherein the weapon is used to intimidate the victim of the crime.


S 140.30 Burglary in the first degree.

Burglary in the first is a serious charge because it implies that the weapons brought into the establishment were for the purpose of using deadly force.


S 140.35 Possession of burglar`s tools.

S 140.40 Unlawful possession of radio devices.


The possession of tools or devices that could be used to commit the crime of burglary are likewise punishable through jail time, even if the individual in possession of these tools was not found in a location that would be considered an unlawful or off-limits to him/her.

If you have been charged with burglary you must seek immediately support from skilled legal representation. Burglary is a serious offense that has in many cases minimum standards of sentencing associated with them.

When your future is at stake contact the top ranked NYC criminal defense lawyer. Call us 800-601-0207 or contact us. We are available 24/7.

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