Burglaries are among the most severe allegations a person can face in New York State’s criminal courts. Burglary charges range from a class “D” felony to a class “B” violent felony and can potentially require mandatory prison time. While burglary is a simple concept, the factors that can lead to a more serious charge are complex.
An experienced Astoria burglary lawyer like Mike Schillinger could help you understand burglary charges under New York State’s Penal Code. As a trusted theft defense attorney, he could help ensure your rights are protected in court and help you fight back against the prosecutor’s case.
A burglary is essentially a more severe version of trespassing. Anytime a person unlawfully enters or remains on another’s land without permission, they commit a trespass. Burglaries only apply when a person enters a building with the intent to commit a crime therein. The main difference between trespassing and burglary is the person’s reason for setting foot inside the building.
Under New York Penal Code § 140.20, burglary in the third degree occurs when a person unlawfully enters a building to commit a crime. This charge often comes up with commercial buildings or vacant buildings. Additionally, the individual does not need to actually commit the crime; their intent to do so is enough to warrant a conviction.
A prosecutor must then prove intent. Many burglary cases rely on circumstantial evidence to prove a person’s intent to commit a crime, including:
This core definition of burglary is a Class D felony. However, the law provides aggravating factors that can make a burglary allegation much more serious. Working with a breaking & entering lawyer in Queens can help you understand these factors more deeply.
Burglary in the second degree is a class “C” felony and is more severe than Burglary in the third degree. It occurs when a person illegally enters a dwelling for the purpose of committing a crime. This can be a house or an apartment. According to New York Penal Code § 140.25, this statute also applies if the entrant enters a building that is not a dwelling, and is holding a deadly weapon or explosive, or if a non-participant in the crime is injured during the event. Convictions here are class C felonies.
The most serious burglary charge is Burglary in the first degree. Under New York Penal Code § 140.30, this is a combination of the two aggravating factors that apply to burglary in the second degree, such as when a person illegally enters a dwelling while carrying a weapon, i.e. a knife.
New York State courts can examine burglary charges as a group activity. If two people are alleged to have broken into a building, they both face the most severe version of burglary available under the law. For example, if Person A is carrying a gun while illegally entering a store but Person B is not, both are responsible for that weapon, because they are acting in concert with one another. As a result, both may be charged with burglary in the second degree. An Astoria burglary lawyer like Mike Schillinger could further explain how the Penal Code dictates a criminal charge.
Allegations of burglary are severe and result in those convicted being labeled as felons. While the concept of burglary is a simple one, the nuances in the law can complicate a person’s understanding of their charges and how to defeat them in court.
An Astoria, Queens burglary lawyer could help people understand what they are facing in court and develop a defense strategy to protect their freedoms. The Law Office of Michael Schillinger can help you contest burglary allegations. We represent clients’ interests in every stage of the case from arraignment to possible trial. Place a call to our criminal defense lawyer today to discuss your case.
Law office of Michael A. Schillinger, ESQ.
N/a
Copyright ©2025 Law office of Michael A. Schillinger, ESQ., LLC. All rights reserved.
