In Wayne County, NY, burglary under New York Penal Law § 140.20 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 Wayne County from our firm can build your defense.
Last verified: April 2026 | Wayne County Criminal Court | New York Penal Law § 140.20 (official NY Senate)
New York Penal Law § 140.20 defines burglary in the third degree as knowingly entering or remaining unlawfully in a building with intent to commit a crime therein. This is a Class D felony. A Burglary Lawyer Wayne County understands that the prosecution must prove both the unlawful entry and the criminal intent beyond a reasonable doubt. The firm was founded in 1997 by former prosecutor Mr. Sris.
Review the official statute at New York Penal Law § 140.20 (official NY Senate). Court procedures are governed by the Wayne County Criminal Court (official court website).
Wayne County Criminal Court handles burglary cases at the felony level. New York’s 2020 bail reform eliminated cash bail for most non-violent felonies, but burglary charges may still require bail. Your Burglary Lawyer Wayne County will challenge the evidence at every stage.
- Arraignment: You appear before the judge, and charges are formally read. Bail is set or you are released on recognizance.
- Grand Jury: The prosecution presents evidence to a grand jury. Your attorney can submit a defense letter.
- Pre-Trial Motions: Your lawyer files motions to suppress evidence or dismiss charges based on procedural errors.
- Plea Negotiations: Your attorney negotiates with the District Attorney for a reduced charge or sentence.
- Trial: If no plea is reached, the case proceeds to trial before a jury in Wayne County Supreme Court.
- Sentencing: If convicted, the judge imposes a sentence within the statutory range for a Class D felony.
In Wayne County, NY, burglary in the third degree carries a maximum of 7 years in prison and fines up to $5,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary 3rd Degree | Class D Felony | Up to 7 years | Up to $5,000 | None | Permanent criminal record; potential immigration consequences |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has handled 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. Our tagline is “Advocacy Without Borders.”
SRIS actively practices in Wayne County. 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 New York location serves clients at Wayne County courts, accessible via I-90 (NYS Thruway), I-81, and I-390. We serve Lyons, Newark (NY), Palmyra, Sodus, Ontario, Williamson, Clyde, Wolcott, and Marion.
Looking for a burglary charge defense lawyer Wayne County near you? Our firm is available 24/7.
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. 24/7 phone consultations.
Does New York have cash bail for burglary charges?
It depends. NY bail reform eliminated cash bail for most misdemeanors and non-violent felonies. Burglary in the third degree is a non-violent felony, so you may be released on recognizance. However, if you have prior convictions or the charge involves aggravating factors, bail may still be set.
What is an ACD in Wayne County, New York?
Yes. 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 many first offenses at Wayne County Criminal Court. ACD records can be sealed.
Can I get my criminal record sealed for a burglary charge in Wayne County?
It depends. NY offers conditional sealing under CPL § 160.59 for qualifying convictions (up to 2) after 10 years. ACD results in automatic sealing. Burglary convictions may be eligible if they meet the statutory criteria. Cases in Wayne County are sealed through the court.
What is the penalty for a burglary conviction in Wayne County, New York?
Burglary in the third degree is a Class D felony in Wayne County, carrying up to 7 years in prison and fines up to $5,000. Cases are heard at Wayne County Criminal Court. NY’s 2020 bail reform means most defendants are released without bail for non-violent felonies.
How long do I have to wait for a speedy trial on a burglary charge in NY?
Under CPL § 30.30, the prosecution must be ready for trial within 6 months for a felony like burglary. If they fail, your Burglary Lawyer Wayne County can move to dismiss the charges. This clock starts at arraignment.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.