Burglary Lawyer New York City NY | SRIS, P.C.
Burglary Lawyer New York City NY — What Are Your Defense Options?
Burglary in New York City is a serious felony under N.Y. Penal Law § 140.20, carrying potential state prison time. If you are charged, you need a burglary lawyer in New York City NY who understands the local courts. Law Offices Of SRIS, P.C. provides defense for burglary cases across NYC boroughs. Contact us for a case review.
New York Burglary Law and Penalties
In New York, burglary is defined as entering or remaining unlawfully in a building with the intent to commit a crime inside. The severity of the charge depends on factors like the type of building, whether it was a dwelling, and whether the accused was armed or caused injury. The statute is N.Y. Penal Law Article 140.
Last verified: April 2026 | New York City Criminal Courts | New York State Legislature
Official Legal Resources
For the official text of New York’s burglary statutes, refer to the N.Y. Penal Law Article 140 (official New York State Senate site). For court procedures and locations, visit the New York City Criminal Court website.
Handling a Burglary Case in NYC Courts
The process in New York City Criminal Court moves quickly after an arrest. An early intervention by a burglary attorney in New York City NY can be critical for investigating the scene, witness statements, and police procedure. Prosecutors in boroughs like Manhattan and Brooklyn often seek severe penalties for burglary charges.
- Secure legal representation immediately after arrest or upon receiving a summons.
- Your attorney will obtain and review all discovery, including police reports and any video evidence.
- A defense strategy will be developed, which may involve challenging the legality of the entry or the proof of intent.
- Your lawyer will represent you at all arraignments, conferences, and potential hearings.
- Based on the evidence, your attorney will advise on whether to negotiate a plea or proceed to trial.
Potential Penalties for Burglary in New York
In New York City, burglary penalties range from a class E felony to a class B violent felony, with prison sentences from 1 ⅓ to 25 years.
| Degree | Classification | Prison Sentence | Fine | Post-Release Supervision |
|---|---|---|---|---|
| Burglary 3rd | Class D Felony | Up to 7 years | Up to $5,000 | Yes |
| Burglary 2nd | Class C Violent Felony | 3.5 to 15 years | Up to $5,000 | 5 years |
| Burglary 1st | Class B Violent Felony | 5 to 25 years | Up to $5,000 | 5 years |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Background in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to criminal cases. Our approach is built on thorough case preparation and understanding the strategies of local prosecutors.
Case Results and Client Outcomes
Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. While results are specific to each case, our experience spans defending against burglary and other felony charges in state courts.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for New York City Residents
Our firm is positioned to serve clients throughout New York City. We offer 24/7 phone consultations for immediate legal concerns. If you are searching for a burglary law firm in New York City NY, we encourage you to contact us to discuss your specific situation.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the difference between burglary and robbery in New York?
It depends on the presence of force. Burglary involves unlawful entry into a building to commit a crime inside. Robbery involves taking property from a person through force or fear. You can be charged with both if force is used during a burglary.
Can a burglary charge be reduced to a misdemeanor?
It depends on the facts and your history. While burglary is a felony, negotiations with the prosecutor may sometimes lead to a plea to a lesser charge, such as criminal trespass, which is a misdemeanor. An attorney can evaluate this possibility.
What are common defenses to a burglary charge?
Common defenses include lack of intent to commit a crime, mistaken identity, lawful right to be in the building, or insufficient evidence that you were the person who entered unlawfully. An attorney will investigate which defense applies to your case.
How long does a burglary case take in NYC?
The timeline varies. A clear case resolved by plea may take several months. A case that goes through pre-trial hearings and a trial can take a year or more. The complexity of the evidence and court scheduling affect the duration.
Will I go to jail for a first-time burglary charge?
It depends on the degree. For a first-time charge of Burglary in the Third Degree (class D felony), jail is possible but not mandatory. The court considers many factors. For higher-degree burglaries, state prison is likely even for first-time offenders.
If you need a burglary lawyer in New York City NY, contact Law Offices Of SRIS, P.C. We can provide guidance based on the specific details of your arrest and charges.
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Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.