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What is the Law on Burglary in New York and What are the Punishments for it?

Each state has its own burglary laws, and the defendant who receives the punishment must necessarily follow it.  Generally, burglary is termed as entering into a home to commit a felony. Also, as per the New York law, burglary is any person who enters into a home or building without permission to commit a crime.  According to the New York burglary law, a personal vehicle or boat that are used for sleeping are also called as building.

Burglary Elements

  • Entering any property knowing that it is an unlawful act

  • Remaining in the property by knowing that it is an unlawful act

  • Trespass is less crime than burglary yet it is under NY burglary law. Trespass is the person entering the property without the permission of the owner. However, severely punished trespass are fencing the land, school property, part of the railroad, or the defendant is sex offender register

  • Also, remaining in a building with an intent to commit a crime

    New York Burglary Laws

NY Penal Law – Article 140 (NY Penal Code)

Burglary crime has three degrees and known as first degree, second degree, and third degree.

First Degree – Class B Felony

(New York Penal Code 104.30)

A defendant is charged class B Felony when he/ she remains or enters knowing that it is an unlawful act to commit the crime. Also, knowingly participates in a crime, entering in the intermediate area, dwelling(a person occupying a building to lodge there at night).  Also, when he enters armed with explosive or deadly weapons.

Also, charged when injuries non-participant in crime. The defendant is charged when he uses a dangerous instrument or threatens. Moreover, when the defendant displays a false pistol, shotgun, rifle, revolver, other firearms except in affirmative defense action.

Burglary Laws New York

Second Degree – Class C Felony

(New York Penal Code 140.25)

A defendant is charged class C  Felony when he/ she remains or enters knowing that it is an unlawful act to commit the crime. Also, entering the building or intermediate area with the deadly explosives or causing injury to non-participant in the crime. 

The defendant is also charged when he enters the building by threatening or by using a dangerous instrument. Moreover, he is charged when he displays a false pistol, shotgun, rifle, revolver, other firearms to enter with intent to crime.

Third Degree –Class D Felony

(New York Penal Code 140.20)

The defendant is charged third degree when the person enters or remains in building knowingly that it is an unlawful act.

Burglary Laws

New York Burglary Punishments

Any defendant who commits the first-degree burglary will be sentenced to serve in prison anywhere from 1 to 25 years in New York prison. Coming to the second-degree burglary punishment, the defendant will be sentenced to serve anywhere from 1 to 15 years in New York State prison. While the third-degree burglary punishment includes the defendant to serve anywhere from 1 to 7 years in New York State prison.

Sometimes the defendant may also be fined up to dollar five thousand apart from the prison sentence. However, the defendant is charged with higher sentences if committed with explosives or armed weapons or injuring a non-participant in the crime, or he threatens either by using the dangerous instrument.

Factors to consider

Any Youthful offender will be sentenced only for 1 to 4 years in prison. While Juvenile offender will not be processed similar to an adult felony conviction. Whereas lifetime imprisonment may be sentenced if convicted persistently.

An important note to remember there may be slight changes in the state laws with new rules in the high court or federal decisions.

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