Burglary is commonly defined as the breaking and entering into a dwelling with the intent to commit a felony thereafter. Under Common Law, burglary could only happen at nighttime. However, New York doesn’t not limit the crime of burglary to the nighttime. A person can be arrested for burglary if it happens at any time of day. In New York, burglary is defined according to the degree classification. One example is the Burglary in the Second degree outlined in the New York penal code 140.25.
What is Burglary in the Second Degree in New York?
In New York, burglary in the second degree is defined as knowingly and unlawfully entering or remaining in a building with the intent to commit a crime and at least one additional element. The term “knowingly” means a person must know that they are in a building to commit another crime. The entering or remaining in a building unlawfully refers to not having consent to be there.
For example, a person can be allowed on the premises for some reason such as to shop. Once the business owner tells the person to leave the premises, they no longer have consent. Thus, remaining in the building becomes unlawful. Another way a person can be guilty of unlawful entry is when the person doesn’t have any permission to be in the building at all.
A crime must be committed after entering or remaining in the building. This means the person may be accused of stealing property or committing an assault. It doesn’t mean the person must actually complete the crime. They must only have intent to commit the crime.
What is the Additional Elements of a Burglary in the Second Degree?
In addition to entering or remaining in the building with the intent to commit a crime, the person must complete at least one more element. This is what makes it second degree burglary. For example, one element is having a deadly weapon or explosive. This means the person entered into the building with a deadly weapon and the intent to commit a crime thereafter. Other elements include:
1. Causing physical injury to an alleged victim
2. Displaying a dangerous instrument such as a machine gun or revolver
3. Threatening to or actually using a dangerous instrument
The Punishment for New York Burglary in the Second Degree is Prison Time
Second degree burglary is a Class D felony. A felony is punishable by at least one year in state prison. In New York, burglary in the second degree is a minimum of 3.5 years in state prison. The maximum punishment for the crime is no more than 15 years in state prison. Thus, a person convicted of the crime will do at least 3.5 years in prison.
However, a judge can sentence an individual to more than 3.5 years in prison. The exact time depends on the person’s criminal history. Someone with no criminal history may not receive additional time above the minimum years.
Contact Our Law Firm to Start Fighting the Criminal Charge Today
A defense is a strategy to weaken the state’s case. The state has the burden of proving that you or a loved one is guilty of burglary in the second degree. Thus, hiring a law firm to present a strong strategy may make the state want to drop the charges or reduce them.
Contact us, and we’ll get started on your case today. Your defense will depend on the facts of the case and any additional evidence. Let’s get started on your burglary in the second degree defense today. It’s time to put this time behind you and avoid any prison time.