Quick definition and key elements
A burglary conviction can carry prison time and heavy fines, depending on how the defendant entered. This article explains the legal elements of a New York burglary charge, how New York classifies the offense into different felony degrees and the potential defense strategies available to challenge the prosecution’s case.
If you enter a structure without permission, you may face criminal charges. However, a New York prosecutor must prove several elements to convict you.
The legal elements of burglary explained
Under New York Penal Law, third-degree burglary requires a person to knowingly enter or unlawfully remain in a building or structure with the deliberate purpose of perpetrating an offense.
Unauthorized entry or remaining
The first element of a burglary charge is that you entered or remained in a dwelling or building without authorization. You do not need to enter by force to face charges for this crime. You don’t need to break in; entering an unopened entrance can still qualify as burglary. The law generally defines unlawful entry or remaining as doing so without license or privilege, such as staying after hours or trying to access areas closed to the public.
Structure, dwelling or conveyance
The law may also define a building as a watercraft used for overnight lodging, a school or a business. Second-degree burglary charges may apply if the building is a dwelling, which is a structure a person occupies for lodging at night.
Intent to commit a crime
The other key element of burglary is the intent to commit a crime while inside a home, office building or boathouse. For instance, entering a neighbor’s house with the intent to steal would generally constitute burglary. However, simply entering a neighbor’s home with the intent to assault someone or to damage their property intentionally would likely be enough to justify a burglary charge.
Burglary vs. robbery vs. theft differences
Larceny or theft is not necessary to justify a burglary charge. These charges may apply to other crimes such as assault or criminal mischief. In addition, the law makes possession of burglary tools a Class A misdemeanor.
Degrees of burglary and associated penalties
New York classifies burglary into three felony classes. New York Penal Law defines a felony as an offense that may carry a term of imprisonment of more than one year. If convicted of a burglary charge, a judge may sentence you to jail or prison time, a fine or other penalties.
The law categorizes burglary charges into the following three degrees:
- Burglary in the third degree: This is the least serious charge and qualifies as a Class D felony.
- Burglary in the second degree: This qualifies as a Class C felony. Burglary aggravates to second-degree charges if any participants are armed with explosives or a deadly weapon, injure a non-participant, threaten the immediate use of a dangerous instrument or display anything resembling a firearm.
- Burglary in the first degree: This is the most serious charge, qualifying as a Class B felony. Anyone accused of knowingly entering a dwelling and committing any of the aforementioned acts may need a criminal defense strategy for first-degree burglary charges.
The severity of the penalties depends on the charge’s specific degree.
Common defenses against burglary charges
Challenging the prosecution’s evidence about your intent may help you achieve a better result. You may be able to use several criminal defense strategies to cast doubt on the government’s allegations. A defense strategy could argue that you had permission to be wherever authorities found you when they arrested you. It may also be possible to argue that you had no intention to commit a crime by force, by persuasion or by any other means.
It may be possible to avoid these penalties by suppressing evidence before a trial in an effort to weaken the case against you. It may also be possible to cast doubt on witness testimony or other evidence that the court allows into the trial.