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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
  • “After our first meeting, I felt the burden slowly lift from my shoulders feeling confident that I had put my life and my livelihood into the right hands.”

    L.E.
  • “I appreciate that he was caring and concerned.”

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

    Former Client
  • “I would highly recommend his firm to anyone in need of an attorney.”

    Former Client
  • “Very dedicated to serving his clients.”

    Speeding Ticket Client
  • “Michael and Nicholas were superb! It was comforting to know we had the best attorneys in our corner. ”

    DWI Client
  • “I was not disappointed.”

    Former Client
  • “Best Lawyer Ever!”

    DUI Client
  • “The Rossi Law Firm is a class act.”

    Former Client
  • “No one's better than the Rossi's. Michael and Nicholas did an amazing job with my case. ”

    Andrew
  • “Forever Grateful!”

    Criminal Defense Client
  • “Michael Rossi was extremely knowledgeable, responsive, and effective.”

    Former Client
  • “Prompt and Personal Service”

    Christian
  • “Excellent Attorney, Gets Results, Knows the Law”

    Personal Injury Client
  • “My issues were resolved in no time!”

    Former 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

  • Client Champion
  • AV Preeminent
  • Client Champion Award
  • Martindale-Hubbell Professional Achievement 2018
  • AV Preeminent
  • Martindale-Hubbell Professional Excellence 2018
  • AV 2018
  • 3 Best Rated
  • Premiere 100
  • National College for DUI Defense