New York City Burglary Defense Attorney

Need a Lawyer for a Burglary Case in New York City?

Whereas burglary once referred specifically to breaking into a home at night with the intent to commit theft, the legal definition has since expanded significantly. Today, burglary includes unlawful entry into nearly any type of structure—not just a home or building—with the intent to commit any type of crime, not solely theft. Importantly, no actual physical breaking (such as forcing open a door or window) is required. In fact, simply trespassing through an unlocked or open door with criminal intent can result in a burglary charge.

New York State classifies burglary into three degrees:

- Third Degree Burglary - Punishable by up to 7 years in prison
- Second Degree Burglary - Punishable up to 15 years in prison
- First Degree Burglary - Punishable by up to 25 years in prison

Have You Been Arrested for Breaking and Entering?

At our firm, we understand what’s at stake when you're facing the possibility of a burglary conviction. Criminal charges of this nature can lead to not only immediate penalties—such as incarceration and significant fines—but also long-term consequences, including a permanent criminal record that can affect your employment, housing, and reputation.

As your NYC criminal defense lawyer, we will take the time to listen to your side of the story. We’ll conduct a thorough investigation of every piece of evidence and analyze the charges against you, identifying any weaknesses or inconsistencies in the prosecution’s case. You need someone who will advocate for you relentlessly—and we are ready to be that advocate.

Explanation of Burglary Charges

According to New York Penal Law §140.30, a person may be charged with burglary in the first degree if they knowingly and unlawfully enter or remain in the dwelling of another with the intent to commit a felony—such as theft or assault. To qualify as first-degree burglary, additional aggravating factors must be present. These include being armed with a deadly weapon, causing physical injury to another person, using or threatening to use a dangerous instrument, or displaying what appears to be a firearm. This offense is classified as a Class B felony.

Burglary in the second degree (§140.25), considered a Class C felony, typically involves unlawful entry into a building where one or more aggravating circumstances exist—such as the presence of another person, the use of force, or the building being a dwelling.

Burglary in the third degree, as defined under §140.20, involves knowingly entering or remaining unlawfully in a building with the intent to commit a crime. This is categorized as a Class D felony.

There are, however, several valid legal defenses against burglary charges. For example:

- If it can be demonstrated that you had lawful consent to enter the property, the charge of burglary may not stand.

If there was no intent to commit a felony upon entry, the essential element of the crime may be missing.

- A lack of actual entry into a “dwelling” as legally defined (some jurisdictions may or may not include areas like a yard or garden) can be a significant factor.
- Voluntary intoxication, if it renders a person incapable of forming criminal intent, may be considered.

A defense of mistaken identity may also apply if you were not the individual who committed the crime.

If you are facing burglary charges, it is critical to speak with an experienced criminal defense attorney who can evaluate the details of your case and explore every available legal strategy on your behalf.