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Burglary in New York

Contact Our Aggressive Buffalo Criminal Defense Attorney Now

Have you been charged with burglary? Even though burglary is commonly associated with theft, under New York law, no theft needs to occur in order for it to be charged. At The Rossi Law Firm, we understand the challenges many accused face in these cases—often they are found simply trespassing, or there is some kind of misunderstanding when this felony allegation is made. Our firm is ready to meticulously assess the details of your case and ensure that every lacking aspect of the state's case against you is thoroughly challenged.

Our dedicated Buffalo criminal defense attorney is ready to advocate for you both in and outside the courtroom. Contact us today.

New York's Burglary Statutes

New York's burglary statutes provide broad definitions of this offense. They are broken into three categories: third-degree burglary, second-degree burglary, and first-degree burglary.

The definitions of the New York burglary statutes are as follows:

  • Third-degree burglary (New York Penal Law § 140.20): a person commits third-degree burglary when they unlawfully enter or remain in a building with the intent of committing a crime.
  • Second-degree burglary (New York Penal Law § 140.25): a person commits second-degree burglary when they unlawfully enter or remain in a building with the intent of committing a crime and they a) are armed with explosives or a deadly weapon, b) cause physical injury to a person not involved with the crime, c) use or threaten the use of a dangerous instrument, d) display what appears to be a firearm, or e) the building is a dwelling (a home or residence).
  • First-degree burglary (New York Penal Law § 140.30): a person commits first-degree burglary when they unlawfully enter or remain in a dwelling with the intent of committing a crime and they a) are armed with explosives or a deadly weapon, b) cause physical injury to a person not involved with the crime, c) use or threaten the use of a dangerous instrument, d) display what appears to be a firearm.

The seriousness of the possible penalties in these cases depends on the degree charged and any other aggravating factors that may have been present. To learn more about what penalties you could be facing due to your burglary charge and what our firm can do to ensure that your rights are protected, call us today.

Use our online contact form today to request a free case evaluation.

Don't Just Take Our Word For It

See For Yourself What Past Clients Have to Say About the Rossi Law Firm's Service
  • “No one's better than the Rossi's. Michael and Nicholas did an amazing job with my case. ”

    Andrew
  • “They went over and beyond my expectations.”

    Cinfantino
  • “Exactly what I had hoped for as a first time client to any lawyer”

    Jason
  • “He knows the law and is very thorough.”

    John
  • “Very dedicated to serving his clients.”

    Speeding Ticket Client
  • “The Rossis were extremely professional and thorough.”

    Former DWI Client
  • “Very Professional, Respectful and Committed”

    DUI Client
  • “Mr. Michael Rossi is very dedicated to serving his clients.”

    Former Client
  • “I highly recommend the Rossi Law firm.”

    Mike
  • “Professional, Empathetic, and Most Importantly, Know the Law”

    Andrew
  • “Nicholas Rossi was the best choice I could have made for a DWI defense lawyer.”

    DWI Client
  • “I would recommend his services to anyone.”

    Former Client
  • “Knew exactly how to get the best outcome for me!”

    DUI Client
  • “I appreciate that he was caring and concerned.”

    Former Client
  • “He answered every single one of my calls and always seemed able to talk.”

    Former DUI Client

The Rossi Law Firm Difference

  • We use our knowledge to your benefit

  • We push for the best results for you

  • We stay available 24/7 for your convenience

  • We tailor our solutions based on your needs

  • Avvo Top Rated Lawyer 2019
  • Legal Elite
  • Client Champion
  • AV Preeminent
  • Client Champion Award
  • Martindale-Hubbell Professional Achievement 2018
  • AV Preeminent
  • Martindale-Hubbell Professional Excellence 2018
  • AV 2018
  • 3 Best Rated