Burglary Lawyer Albany County | SRIS, P.C.
Facing burglary charges in Albany County? Under New York Penal Law, burglary in the third degree is a Class D felony carrying up to 7 years in prison. Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide. A Burglary Lawyer Albany County from our firm can build your defense.
Understanding Burglary Charges in Albany County
Last verified: 2026-04 | Albany County Criminal Court | New York Penal Law (PEN)
New York Penal Law defines burglary as knowingly entering or remaining unlawfully in a building with intent to commit a crime therein. The charge level depends on the circumstances: Burglary in the third degree (Class D felony) involves entering a building; second degree (Class C felony) involves a dwelling or causing injury; first degree (Class B felony) involves weapons, explosives, or causing serious injury. A Burglary Lawyer Albany County can explain how these distinctions apply to your case.
Official Legal References
Review the New York Penal Law § 140.20 (Burglary in the Third Degree) on the official NY Senate website. For court procedures, visit the Albany County Supreme Court website.
How Burglary Cases Proceed in Albany County
Albany County Criminal Court handles misdemeanor and violation-level offenses, while Albany County Supreme Court Criminal Term handles all felony burglary cases. New York’s 2020 bail reform eliminated cash bail for most non-violent felonies, but burglary charges may still involve bail depending on the degree and circumstances.
- Arrest or Summons: You may be arrested or receive a desk appearance ticket (DAT) for lower-level offenses.
- Arraignment: First court appearance within 24 hours of arrest; charges are read, and bail is set or you are released on recognizance.
- Grand Jury: For felony charges, the prosecutor presents evidence to a grand jury for indictment.
- Pre-Trial Motions: Your attorney files motions to suppress evidence or dismiss charges.
- Trial or Plea: Cases resolve by plea agreement or trial in Supreme Court Criminal Term.
In Albany County, burglary carries penalties ranging from probation to life in prison depending on the degree and aggravating factors.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary 3rd Degree | Class D Felony | Up to 7 years | Up to $5,000 | None | Probation up to 5 years; criminal record |
| Burglary 2nd Degree | Class C Felony | Up to 15 years | Up to $15,000 | None | Probation up to 5 years; criminal record |
| Burglary 1st Degree | Class B Felony | Up to 25 years | Up to $30,000 | None | Probation up to 5 years; criminal record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Burglary Defense?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Firm-wide, we have handled 4,739+ documented case results with over 93% favorable outcomes. Our team includes former prosecutors who understand how the state builds burglary cases. A Burglary Lawyer Albany County from our firm provides case-specific defense strategies.
Case Results
SRIS actively practices here — firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes.
Results may vary. Prior results do not guarantee a similar outcome.
Our Albany County Location
Law Offices Of SRIS, P.C. — Buffalo, NY
50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Our New York location serves clients at Albany County courts, accessible via I-87, I-90, and I-787. We serve Albany, Colonie, Guilderland, Bethlehem, Delmar, Cohoes, Watervliet, Ravena, and New Scotland. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions About Burglary Charges in Albany County
Does New York have cash bail for burglary charges?
It depends. NY reformed bail in 2020, eliminating cash bail for most misdemeanors and non-violent felonies. Burglary in the third degree may not require cash bail, but second and first degree burglary may still involve bail. Cases are heard at Albany County Criminal Court.
What is an ACD and can I get one for burglary in Albany County?
No. Adjournment in Contemplation of Dismissal (ACD) is typically not available for felony burglary charges. ACD is available for many first-offense misdemeanors at Albany County Criminal Court. For burglary, your attorney may negotiate a plea to a lesser charge.
Can I get my burglary conviction sealed in Albany County?
It depends. NY offers conditional sealing under CPL § 160.59 for qualifying convictions (up to 2) after 10 years. Burglary convictions may be eligible if they meet the criteria. ACD results in automatic sealing. Cases in Albany County are sealed through the court.
What is the penalty for a burglary misdemeanor in Albany County?
Burglary is a felony in New York, not a misdemeanor. However, related charges like criminal trespass may be misdemeanors. Class A misdemeanor: up to 1 year jail. Class B: up to 3 months. Cases heard at Albany County Criminal Court.
How long do I have to wait for a speedy trial on burglary charges in Albany County?
Under CPL § 30.30, the prosecution must be ready for trial within 6 months for felony charges like burglary. If they fail, your Burglary Lawyer Albany County can move to dismiss. This clock starts at arraignment.
Last verified: April 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.