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Burglary
Under New York Law, Burglary is committed when an individual unlawfully enters a building with the intent to commit a crime therein. In New York there are 3 categories of burglary: Burglary in the First Degree, Burglary in the Second Degree and Burglary in the Third Degree. In New York State all burglaries charges are felonies.
Burglary in the First Degree is the most serious type of burglary charge. This charge involves unlawfully entering a dwelling to commit a crime. In addition, Burglary in the first degree has a weapon, threat to use a weapon or injury component to it. An example of Burglary in the first degree would be where an individual enters a home with a pistol with the intent to rob someone inside the house. Another example is where during the commission of the crime inside a dwelling, another person who is not a participant to the crime, such as a relative of the homeowner, sustains a physical injury. When considering the different degrees of Burglary, it’s important to recognize the legal difference between a dwelling, which would include a house or apartment, or generally speaking, a place where a person may sleep overnight, as opposed to a building, such as an office or warehouse. A person convicted of burglary in the First Degree may be sentenced to up to 25 years incarceration even without a prior criminal history. An adult 19 years or older convicted of Burglary in the first degree must be sentenced to a minimum 5 years incarceration. Burglary in the First Degree is classified as a B felony.
Burglary in the Second Degree involves unlawfully entering a dwelling with the intent to commit a crime therein or while entering a building or in immediate flight, the defendant or a participant in the crime, such as a codefendant, is armed with a deadly weapon or explosives or displays what appears to be a firearm or where a non-participant in the crime is injured. Burglary in the Second Degree is less serious than Burglary in the first degree. A person convicted of burglary in the Second Degree who has no criminal history, may be sentenced to between 3 ½ years to 15 years incarceration. Burglary in the Second Degree is classified as a C felony
Burglary in the Third Degree is the most general of the burglary charges and is also the least serious of the burglary charges. Nonetheless, Burglary in the Third degree is still a felony and carries serious consequences if convicted of it. This Burglary involves simply entering a building for the purposes of committing a crime. It is not necessary that there be a weapon involved or that someone sustains an injury during the commission of the crime. A person conviction of Burglary in the Third Degree with no criminal history, may be sentenced to 2 1/3 years to 7 years incarceration upon. Burglary in the Third Degree is classified as a D felony
The sentencing guidelines for a burglary convictions vary considerably depending on the type of burglary the defendant has been convicted of, the defendant’s prior criminal history, whether the defendant is classified as a prior felony offender, persistent felony offender, or qualifies for youthful offender status. In New York all burglary convictions are felony convictions. A conviction for the most serious charge of Burglary, Burglary in the First Degree may carry a sentence of up to 25 years incarceration. On certain felony convictions it is possible to receive a sentence of 5 years probation or a split sentence involving 5 years probation and up to 6 months incarceration plus fines and surcharges.
If you have been charged with burglary, you should consult with an attorney immediately.