Burglary Lawyer New York | SRIS, P.C.
Burglary Lawyer New York — What Are Your Defense Options?
Burglary in New York is a serious felony under Penal Law § 140.20-140.40, with penalties ranging from probation to 25 years in prison. A Burglary Lawyer New York from Law Offices Of SRIS, P.C. provides a strong defense. Our firm has handled 4,739+ documented case results with over 93% favorable outcomes firm-wide. We offer 24/7 phone consultations at (888) 437-7747.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
New York Burglary Law and Penalties
Burglary in New York is defined by the New York Penal Law (PEN). The core of the offense involves unlawfully entering or remaining in a building with the intent to commit a crime inside. The severity of the charge depends on factors like the type of building entered, whether it was a dwelling, and whether anyone was present or injured. For example, Burglary in the Third Degree (Penal Law § 140.20) is a Class D felony, while Burglary in the First Degree (Penal Law § 140.30) is a Class B violent felony. The firm’s founder, a former prosecutor, brings a critical understanding of how these statutes are applied in local courts.
Official Legal Resources
For the official text of New York’s burglary statutes, refer to the New York Penal Law (official NY Senate site). For local court procedures and information, visit the New York County Supreme Court website.
Handling a Burglary Case in New York County
In New York County (Manhattan), burglary cases are prosecuted aggressively. The New York 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, especially those involving dwellings, often still qualify for bail or release conditions. An experienced Burglary Attorney New York can challenge the prosecution’s evidence on intent and unlawful entry.
- Secure immediate legal representation after arrest or accusation.
- Your attorney will obtain and review all discovery, including police reports and surveillance.
- A defense strategy is built, potentially challenging intent, entry, or identification.
- Your lawyer will engage in pre-trial negotiations, seeking reductions or dismissals.
- If necessary, prepare for and proceed to a jury trial in Supreme Court.
- Explore post-conviction relief or sealing options if applicable.
Potential Penalties for Burglary in New York
In New York County (Manhattan), burglary carries severe penalties, from a Class D felony with a maximum of 7 years to a Class B violent felony with up to 25 years in prison.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary 3rd Degree (§ 140.20) | Class D Felony | Up to 7 years | Up to $5,000 | No direct impact | Felony record, probation, restitution |
| Burglary 2nd Degree (§ 140.25) | Class C Felony | Up to 15 years | Up to $15,000 | No direct impact | Violent felony designation, stricter parole |
| Burglary 1st Degree (§ 140.30) | Class B Violent Felony | 5 to 25 years | Up to $30,000 | No direct impact | Mandatory prison, violent felony record |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Burglary Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to every case. We focus on building a case-specific defense strategy for each client. Our approach is informed by a deep understanding of local court procedures and prosecution tactics.
Case Results and Client Advocacy
SRIS actively practices in New York — firm-wide, we have handled 4,739+ documented case results with over 93% favorable outcomes. Our goal is to seek the best possible resolution, whether through dismissal, reduction of charges, or acquittal at trial.
Results may vary. Prior results do not aim for a similar outcome.
Burglary Lawyer Near New York County (Manhattan)
Our New York location serves clients at New York County (Manhattan) courts. We represent individuals from neighborhoods across Manhattan, including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood. Our firm is accessible via all major subway lines, the FDR Drive, and West Side Highway.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
By appointment only.
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Frequently Asked Questions
What is the difference between burglary and trespassing in New York?
It depends on intent. Burglary requires entering or remaining unlawfully with the intent to commit a crime inside. Trespassing only requires the unlawful entry or presence without the additional criminal intent.
Can a burglary charge be reduced to a misdemeanor?
Yes, in some cases. A skilled Burglary Law Firm New York may negotiate with prosecutors to reduce a felony burglary charge to a lesser offense like criminal trespass or petit larceny, depending on the evidence and circumstances.
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 the entry was unlawful. An attorney will examine all facts to identify the strongest defense.
Is bail available for burglary charges in New York?
It depends. After the 2020 reforms, bail is not available for most non-violent felonies. However, burglary of a dwelling often remains bail-eligible. The court may set bail, release you on your own recognizance, or impose non-monetary conditions.
How long does a burglary case take in New York?
A felony burglary case in New York County Supreme Court can take from several months to over a year to resolve, depending on case complexity, evidence, and whether it proceeds to trial. The speedy trial rule (CPL § 30.30) requires the prosecution to be ready within 6 months for felonies.
Related Legal Information
If you are facing other charges, our firm also handles related matters. Learn more about criminal defense in New York. For charges in nearby areas, see our pages for a Criminal Defense Lawyer in Kings County (Brooklyn) and a Criminal Defense Lawyer in Queens County (Queens). For other legal needs in Manhattan, consider our Family Law Lawyer.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.