Burglary in the eyes of the court applies to someone who is accused of entering a house or building with the intent to commit a crime. Burglary is one of the most common serious felonies found in criminal courts in Upstate New York and surrounding areas. A burglary in someone’s home is treated a violent felony according to our law, even when the person charged was unarmed. Know this – burglary is also treated as a violent felony even when nobody was home at the time, and even when nobody was injured during the burglary.
Because the laws in Upstate New York are so hard when it comes to allegations of burglary, it is critical that a person charged with burglary is represented by a burglary criminal attorney who is particularly experienced in handling burglary cases.
Burglary (3rd Degree)
Burglary in the Third Degree is a Class D Felony with a minimum punishment is 1 to 3 years jail, and the maximum punishment is 2.3 to 7 years jail. Burglary in the Third Degree is typically charged when a person knowingly enters or remains unlawfully in a building (not a home) with the intent to commit a crime inside.
Burglary (2nd Degree)
Burglary in the Second Degree is a Class C Violent Felony with a minimum punishment is 3.5 years jail and the maximum punishment is 15 years jail. This is the charge when:
- Someone enters a home with the intent to commit a crime.
- OR someone commits a burglary of a building (not a home) and a victim is injured.
- OR someone commits a burglary of a building (not a home) and he or someone helping him possesses a weapon, or displays what appears to be a weapon.
Burglary (1st Degree)
This is very serious charge, and is the same level of severity as an attempted murder case. Burglary in the First Degree is a Class B Violent Felony in Upstate New York. The minimum punishment for this charge is 5 years jail and the maximum punishment is 25 years jail. Burglary in the First Degree is charged when A person commits a burglary of a dwelling (home), and is either armed with a weapon, or does cause physical injury to a victim.
If you are facing any burglary charges, we can help. Call us at 518-283-1245.