Trusted Burglary Defense Attorney in the Finger Lakes Region of New York

Third-Degree Burglary

Third-degree burglary is a Class D felony, alleging that a person knowingly entered or remained inside of a building unlawfully with the intent to commit a crime therein. The intent to commit a crime while inside of the building is an essential element and can include any crime, including a theft or assault offense. The penalties for a third-degree burglary conviction include incarceration for up to seven years, probation for up to five years, and a conditional discharge for three years, as well as restitution and fines. The criminal history of the accused plays a significant role in the penalty that they will receive in the event they are convicted of a third-degree burglary charge.

Second-Degree Burglary

Second-degree burglary is a Class C violent felony, which generally alleges that a person knowingly entered or remained unlawfully in a building with the intent to commit a crime therein, and that building is a dwelling. A dwelling is defined as a building that is usually occupied by a person lodging therein for a night. However, the charge does not require that someone actually be present inside of the dwelling during the commission of the crime. Additionally, if a building contains a dwelling, and a burglary is committed in any part of the building, it can still constitute a burglary of the dwelling. This is not always the case, which is why it is very important to contact Hanna M. Renna to discuss the facts of your case and assess how to best approach it.

The penalties for a second-degree burglary conviction include incarceration for up to fifteen years, post-release supervision for up to five years, and restitution and fines. Since this is considered a violent crime in New York, the judge is obligated to impose a minimum sentence of three years and six months incarceration in the event there is a conviction.

First-Degree Burglary

First-degree burglary is a Class B violent felony, which generally alleges that a person knowingly entered or remained unlawfully in a dwelling with the intent to commit a crime therein, and when effecting entry or while in the dwelling or in immediate flight therefrom, that person (or another alleged participant in the crime):

• Displays what appears to be a firearm
• Causes physical injury to another person who is not a participant of the crime
• Uses or threaten the immediate use of a dangerous instrument
• Is armed with explosives or a deadly weapon
  

First-degree burglary is punishable by up to twenty-five years in prison and requires a minimum sentence of at least five years in prison in the event of a conviction due to being classified as a violent felony.

Lock Picks or Master Keys

Pliers

Crowbars & Other Prying Devices

Screwdrivers

Hammers

Bolt Cutters

Explosives

Torches

Possession of burglar's tools is punishable by imprisonment for up to one year, probation for up to three years, and/or a conditional discharge for one year.