Burglary
Article 140 of the New York Penal Law governs Burglary and other related charges. Burglary is defined as illegally entering or remaining in a building or dwelling with the intention of committing a crime. In order for the prosecution to convict you of burglary, they must prove you not only entered and remained unlawfully, but it was your intention to commit a crime.
Our Office handles the following burglary offenses:
Burglary in the Third Degree:
Under PL 140.20, you can be charged if you enter or remain unlawfully in a building. This is the basic and most frequent burglary charge.
NY Penal Law 140.20 is a class D felony that carries a maximum sentence of seven years in prison
Burglary in the Second Degree
Under PL 140.25, third-degree burglary automatically gets upgraded to second-degree burglary if the building at issue is a house or other dwelling and in effecting entry or in the immediate flight therefrom, they or another participant: and commit one or more of the following criminal acts:
-Armed with an explosive or deadly weapon; or
-Causes physical injury to another person who is not a participant; or
-Display what appears to be a firearm: or
-Uses or threatens the immediate use of a dangerous instrument.
NY Penal Law 140.25 is a class C violent felony, and carries a minimum sentence of three-and-a-half years up to 15 years in prison.
Burglary in the First Degree:
Under PL 140.30, you can be charged if you knowingly enter or remain in a dwelling unlawfully with the intent to a crime therein; and effecting entry or while in the dwelling or in the immediate flight therefrom, they or another participant: and commit one or more of the following criminal acts:
-Armed with an explosive or deadly weapon; or
-Causes physical injury to another person who is not a participant; or
-Display what appears to be a firearm: or
-Uses or threatens the immediate use of a dangerous instrument.
NY Penal Law 140.30 is class B violent felony and carries a minimum sentence of five years up to a maximum sentence of 25 years in prison.
Experienced New York Burglary Attorney
If you have been arrested for violating any section of Article 140 of the New York Penal Law, it’s in your best interest to immediately retain experienced legal counsel. Consult an experienced criminal defense attorney who has successfully defended burglary charges with case specific defenses such as the use of surveillance videos, misidentification, and other burglary defenses. The Law Office of Cory Garcia, P.C. understands the seriousness of the allegations against you and we are prepared to thoroughly investigate and mount the strongest defense in order to have the charges against you reduced or dropped.
The Law Office of Cory Garcia, P.C. serves clients throughout New York City Supreme and Criminal courts in Manhattan, Brooklyn, Bronx, Queens, Staten Island as well as Westchester, Orange, Putnam, Rockland, Suffolk and Nassau counties. To schedule a free consultation with the Law Office of Cory Garcia, P.C., contact us directly at (914)-705-3745.