Under New York Penal Law, the offense is defined as unlawfully entering or remaining in a building with the intent to commit a crime inside, and the charge can be filed even when the intended crime never actually takes place. The mere act of entering with criminal intent is enough to trigger a burglary charge.

Third-degree burglary (PL §140.20) is a Class D felony applicable to unlawful entry into any building. If the structure is a dwelling — a place where people actually live — the charge escalates to second-degree burglary (PL §140.25), a Class C violent felony. First-degree burglary (PL §140.30) applies when the dwelling burglary involves the use or threat of physical force, a weapon, or causes injury, and it is prosecuted as a Class B violent felony carrying up to 25 years in prison.

If you or someone you care about has been charged with burglary, contact our NYC criminal defense attorneys today. Because burglary convictions are classified as violent felonies regardless of whether any violence occurred, the collateral consequences extend far beyond prison time. A burglary conviction can permanently affect your right to work in certain industries, your ability to obtain housing, and — for our international clients — your ability to remain in or return to the United States.

Our defense in burglary cases often centers on challenging the intent element, examining the legality of any search and seizure that produced evidence, and scrutinizing identification procedures.