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New York City Burglary Defense Attorney

Experienced Criminal Defense Counsel in the Five Boroughs

Burglary accusations are among the most serious in any locality in the United States. Contact an experienced Manhattan burglary crime lawyer immediately if you find yourself accused burglary or a related crime New York City or the five boroughs.

Call (212) 577-9328 to reach the Law Office of John Buza, PC and receive advice from a former prosecutor.

Burglary vs Larceny

Many people mistakenly confuse burglary with larceny-related crimes:

  • Larceny is taking something that does not belong to you with the intent to permanently deprive the rightful owner of the property. It’s another term for stealing.
  • Robbery is committing a larceny by force.
  • Burglary is, essentially, trespassing onto the property of someone else with the intent to commit another crime, and is not considered a type of larceny.

The common example of burglary is a situation in which a person enters another person's home when the other person isn't there and steals valuables. In this scenario, the actual stealing of the property has nothing to do with the burglary itself. The burglary is committed when the person entered the property with the intent to commit any crime. Whether he or she actually ends up committing the crime is irrelevant with regard to whether they committed the burglary.

Degrees of Burglary in New York

In New York, the various forms of burglary are codified in Article 140 of the New York State Penal Code. There are three degrees of burglary in New York:

  • Burglary in the First Degree is codified in Penal Code Section 140.30 and occurs when someone is injured during the burglary or the perpetrator threatens them harm with a weapon. If a person with no prior felony convictions is convicted of Burglary in the First Degree, the minimum period of incarceration is 5 years and the maximum is 25 years. There are four subsections of Burglary in the First Degree.
  • Burglary in the Second Degree is codified in New York Penal Code Section 140.25 and occurs when the perpetrator has a weapon, or if burglary takes place in a “dwelling” which in NY is defined as a building someone sleeps in at night. It is a class C violent felony. If a person with no prior felony convictions is convicted of this crime, the minimum period of incarceration is 3 1/2 years in prison and the maximum is 15 years in prison.
  • Burglary in the Third Degree is codified in Penal Code Section 140.20 and is the most basic form of the crime, meaning any act of burglary could be included in this category. It is a class D felony non-violent felony. There is no minimum period of mandatory incarceration if a person with no prior felony convictions is convicted of Burglary in the Third Degree, however, the maximum period of incarceration is an indeterminate sentence of 2 1/3 - 7 years. There are no subsections for Burglary in the Third Degree.

Contact a Proven Manhattan Burglary Defense Lawyer Today

As a former Manhattan prosecutor, John Buza is familiar with the various strategies used by the District Attorney’s office when pursuing burglary cases. He uses his unique insight to protect his clients’ rights and build the best defense possible.

We offer free consultations! Call (212) 577-9328 to schedule yours.


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