Facing burglary charges in Suffolk County, New York? A burglary charge in the third degree is a Class D felony under New York Penal Law § 140.20, carrying up to 7 years in prison. Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide. A Burglary Lawyer Suffolk County from our team can build your defense today.
What Is Burglary Under New York Law?
Under New York Penal Law, burglary is defined as knowingly entering or remaining unlawfully in a building with the intent to commit a crime inside. The severity depends on the circumstances. Third-degree burglary (NY PL § 140.20) involves entering a building unlawfully. Second-degree burglary (NY PL § 140.25) adds aggravating factors like causing injury or being armed. First-degree burglary (NY PL § 140.30) involves dangerous weapons or causing serious injury. A breaking and entering defense lawyer Suffolk County understands these distinctions.
Last verified: April 2026 | Suffolk County Criminal Court | New York Penal Law § 140.20 (official NY Senate)
For the full text of New York’s burglary statutes, visit the New York Penal Law § 140.20 (official NY Senate). For court procedures and local rules, see the Suffolk County Criminal Court website.
Insider Procedural Edge: How Burglary Cases Move Through Suffolk County Courts
In Suffolk County, burglary cases begin with arraignment at Suffolk County Criminal Court. Felony cases are then presented to a grand jury for indictment. The court at Suffolk County, NY handles both misdemeanor and felony arraignments.
- Arraignment: You appear before a judge at Suffolk County Criminal Court within 24 hours of arrest. Charges are read, and bail is set.
- Grand Jury: For felony burglary charges, the prosecution presents evidence to a grand jury. Your attorney can submit a defense letter.
- Pre-Trial Motions: Your attorney files motions to suppress evidence or dismiss charges based on unlawful entry or search.
- Plea Negotiations: The prosecution may offer a plea deal. A burglary charge defense lawyer Suffolk County negotiates for reduced charges or dismissal.
- Trial: If no plea is reached, the case proceeds to trial in Suffolk County Supreme Court Criminal Term.
- Sentencing: If convicted, sentencing follows within 30-60 days. Penalties range from probation to state prison.
In Suffolk County, burglary charges carry severe penalties ranging from probation to life in prison depending on the degree and circumstances.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary 3rd Degree | Class D Felony | Up to 7 years | Up to $5,000 | None | Criminal record, housing/employment barriers |
| Burglary 2nd Degree | Class C Felony | 3.5 to 15 years | Up to $5,000 | None | Mandatory surcharge, DNA sample |
| Burglary 1st Degree | Class B Felony | 5 to 25 years | Up to $5,000 | None | Violent felony designation, longer parole |
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 tagline is “Advocacy Without Borders.” Mr. Sris personally amended Va. Code § 20-107.3, demonstrating our firm’s ability to effect real change in the law. Our attorneys include former prosecutors who understand how the state builds its case against you.
Case Results
SRIS actively practices in Suffolk County. Firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. These results include dismissals, acquittals, and reduced charges across New York and our other practice states.
Results may vary. Prior results do not guarantee a similar outcome.
Distance: Our New York location serves clients at Suffolk County courts, accessible via I-495 (LIE), Northern/Southern State Pkwy, Meadowbrook, and Wantagh Parkways.
Near-Me: Looking for a burglary lawyer near Suffolk County? We represent clients throughout Long Island.
Neighborhoods Served: Riverhead, Huntington, Babylon, Islip, Brookhaven, Smithtown, Patchogue, Bay Shore, Commack, Hauppauge, Montauk, Southampton, Shelter Island.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
NAP: Toll-Free: (888) 437-7747 | Local: (838)-292-0003. By appointment only.
Frequently Asked Questions About Burglary Charges in Suffolk County
Does New York have cash bail for burglary charges?
It depends. NY’s 2020 bail reform eliminated cash bail for most misdemeanors and non-violent felonies. Burglary in the third degree is bail-eligible. Burglary in the first or second degree may require cash bail. A Burglary Lawyer Suffolk County can argue for release on recognizance or conditions.
What is an ACD in Suffolk County, New York?
Adjournment in Contemplation of Dismissal (ACD) is a NY disposition where charges are adjourned for 6-12 months and automatically dismissed if you have no new arrests. Available for some first-offense cases at Suffolk County Criminal Court. ACD records can be sealed.
Can I get my burglary record sealed in Suffolk County, New York?
Yes, under CPL § 160.59, you may qualify for conditional sealing of up to two convictions after 10 years. ACD results in automatic sealing. Marijuana offenses have expanded eligibility. A burglary charge defense lawyer Suffolk County can evaluate your eligibility.
What is the penalty for a burglary misdemeanor in Suffolk County, New York?
Burglary in New York is a felony offense. There is no misdemeanor burglary charge. Third-degree burglary is a Class D felony carrying up to 7 years in prison. Cases are heard at Suffolk County Criminal Court and Supreme Court Criminal Term.
How long do I have to wait for a speedy trial on a burglary charge?
Under CPL § 30.30, the prosecution must be ready for trial within 6 months for felony charges like burglary. If they fail, the case may be dismissed. A Burglary Lawyer Suffolk County tracks these deadlines closely.
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.