A burglary crime is entering a house or a building with the intent to commit a crime. While theft may constitute a burglary, in New York you don’t have to trespass in the middle of the night wearing all black. In fact, no theft is required at all, only that the person entered with the intent to commit a crime.
This is one of the most serious felonies in New York and is recognized as a violent felony, even if no one was hurt or no one was home. The degree of severity, however, depends on the timing of the burglar and whether or not weapons were used.
If there are weapons involved, the situation becomes aggravated. If during the commission of the crime someone dies, the accused will be charged with felony murder.
Degrees of Burglary Crime in New York
There are three burglary degrees:
- Third Degree – minimum sentence of one to three years in jail, and maximum sentence of 2.3 to 7 years in jail
- Second Degree (Class C violent felony) – carries a sentence of 3 and a half years to 15 years jail time; charged if the accused knowingly entered a home and remained there with the intent to commit a crime, committed a burglary and someone was hurt, committed burglary and displayed a weapon
- First Degree (Class B violent felony) – minimum sentence of 5 years, and maximum of 25 years; charged if the accused committed burglary armed with a weapon or harmed a person while committing the crime
Possession of Burglar’s Tools
An offense that typically goes hand in hand with burglary is Possession of Burglar’s Tools. The New York Penal Code defines it as possessing any tool or instrument meant for burglary or theft (e.g. crowbars, lock picks, explosives like dynamite or gunpowder, etc.), with the intent to use illegally.
If you’ve been charged with burglary or any burglary-related offense in New York, protect your rights and your future by calling me, Olivier E. Roche, Esq. today. 516.399.0233
