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Burglary

Burglary is committed when an individual unlawfully enters a building with the intent to commit a crime therein. In New York there are 3 categories of burglary: Burglary in the First Degree, Burglary in the Second Degree and Burglary in the Third Degree. Under the New York State Penal Code all burglaries charges are felonies.

In Suffolk County, Burglary cases are often sent to the Suffolk County First District Court in Central Islip for arraignment and pre indictment conferences, however once the case is presented to the grand jury, and an indictment is obtained, the case will be transferred to the County Court in Riverhead, Burglary charges that are reduced to misdemeanors ( known as a felony knockdown ) will remain in Central Islip, or in one of the east end town courts that the case was initially sent to. Other Burglary charges may be disposed of in the First District Court in Central Islip before an acting County Court judge as part of an SCI plea.

Burglary in the First Degree is the most serious of the burglary charges. This charge involves unlawfully entering a dwelling to commit a crime. In addition, Burglary in the first degree has a weapon, threat to use a weapon or injury component to it. An example of Burglary in the first degree would be where an individual enters a home with a shotgun with the intent to rob the owner of a house. Another example is where during the commission of the crime inside a dwelling, another person who is not a participant to the crime, such as a friend of the homeowner, sustains a physical injury. When considering the different degrees of Burglary, it’s important to recognize the legal difference between a dwelling, which would include a house or apartment, or generally speaking, a place where a person may sleep overnight, as opposed to a building, such as an office or store. A person convicted of burglary in the First Degree may be sentenced to up to 25 years incarceration even without a prior criminal history. An adult 19 years or older convicted of Burglary in the first degree must be sentenced to a minimum 5 years incarceration. Burglary in the First Degree is a B felony.

Burglary in the Second Degree involves unlawfully entering a dwelling with the intent to commit a crime therein or while entering a building or in immediate flight, the defendant or a participant in the crime, such as a codefendant, is armed with a deadly weapon or explosives or displays what appears to be a firearm or where a non-participant in the crime is injured. Burglary in the Second Degree is less serious than Burglary in the first degree. A person convicted of burglary in the Second Degree who has no criminal history, may be sentenced to between 3 ½ years to 15 years incarceration. Burglary in the Second Degree is a C felony.

Burglary in the Third Degree is the most general of the burglary charges and is also the least serious of the burglary charges. It involves simply entering a building for the purposes of committing a crime. It is not necessary for there to be a weapon involved or injury to be convicted of Burglary in the Third Degree. A person conviction of Burglary in the Third Degree with no criminal history, may be sentenced to 2 1/3 years to 7 years incarceration upon. Burglary in the Third Degree is a D felony

The sentencing guidelines for a burglary convictions vary considerably depending on the type of burglary the defendant has been convicted of, the defendant prior criminal history, whether the defendant is classified as a prior felony offender, persistent felony offender, or qualifies for youthful offender status. In New York all burglary convictions are felony convictions. A conviction for burglary can carry a sentence of incarceration in excess 1 year, plus fines and surcharges. A conviction for the most serious charge of Burglary, Burglary in the First Degree may carry a sentence of up to 25 years incarceration. It is also possible to receive on some burglary convictions, a sentence of 5 years probationary or what is a split sentence involving 5 years probation and up to 6 months incarceration plus fines and surcharges.

If you have been charged with the crime of burglary, you should consult with an attorney immediately.

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