Burglary New York Lawyer | SRIS, P.C.
Burglary New York Lawyer — Defending Against Serious Felony Charges
Burglary in New York is a serious felony under New York Penal Law § 140.20-140.40, with penalties ranging from 1 to 25 years in prison. A burglary New York charge requires a strong defense strategy from the start. Law Offices Of SRIS, P.C. provides immediate representation for burglary cases in Manhattan courts.
New York Burglary Law and Penalties
In New York, burglary is defined as 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 if the defendant was armed or caused injury. The statutes are found in the New York Penal Law (PEN).
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm has over 120 years of combined legal experience. We focus on building a defense that addresses the specific intent element required for a burglary conviction.
Official Legal Resources
For the full text of the law, refer to the New York Penal Law (official NY State Senate). Court procedures and local rules for New York County can be found at the New York County Supreme Court website.
Local Court Process for a Burglary Case in Manhattan
In New York County (Manhattan), felony burglary cases are handled by the Supreme Court Criminal Term. The 2020 bail reform eliminated cash bail for most non-violent felonies, but burglary charges often still qualify for bail consideration. An experienced burglary New York law firm can handle the critical early stages, including arraignment and grand jury presentation.
- Arraignment & Bail Hearing: You will be formally charged. Your attorney will argue for release on your own recognizance or for reasonable bail conditions.
- Grand Jury Presentation: The prosecution presents evidence to secure a felony indictment. Your attorney cannot be present but can advise you on your rights.
- Pre-Trial Motions & Discovery: Your defense files motions to suppress evidence or dismiss charges and reviews all evidence the prosecution has.
- Plea Negotiations or Trial: Your attorney negotiates with the District Attorney’s office for a favorable plea deal or prepares for a jury trial.
- Sentencing or Disposition: If convicted, your attorney advocates for the most lenient sentence possible, which may include alternatives to incarceration.
Potential Penalties for Burglary in New York
In New York County (Manhattan), burglary charges carry severe felony penalties, with prison sentences ranging from years to decades depending on the degree.
| Offense (NY Penal Law) | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary in the Third Degree (§ 140.20) | Class D Felony | Up to 7 years | Up to $5,000 | Permanent felony record, probation, parole |
| Burglary in the Second Degree (§ 140.25) | Class C Felony | Up to 15 years | Up to $15,000 | Same as above, more severe parole terms |
| Burglary in the First Degree (§ 140.30) | Class B Felony | Up to 25 years | Up to $30,000 | Lengthy prison sentence, strict post-release supervision |
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 team includes former prosecutors who understand how the state builds its case. We approach each burglary defense by meticulously examining the evidence for weaknesses, particularly the proof of unlawful entry and specific criminal intent. We have a documented record of achieving favorable outcomes for our clients through negotiation and litigation.
Case Results and Client Advocacy
While specific results are confidential, our firm-wide practice has handled 4,739+ documented case results with over 93% favorable outcomes. In burglary cases, favorable outcomes can include charges being dismissed, reduced to a lesser offense, or securing alternatives to incarceration. We actively practice in New York courts and are familiar with the local judges and prosecutors.
Results may vary. Prior results do not aim for a similar outcome.
Local Burglary Defense Representation
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
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 facing burglary charges at the New York County Supreme Court at 60 Centre Street. 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. We offer 24/7 phone consultations at (888) 437-7747. All meetings are by appointment only.
Burglary Defense FAQs
What is the difference between burglary and trespassing in New York?
Yes, there is a major difference. Trespass is simply entering or remaining unlawfully. Burglary requires that unlawful entry be made with the intent to commit a crime inside the building. The prosecution must prove this specific intent.
Can a burglary charge be reduced to a misdemeanor?
It depends on the facts and your criminal history. A skilled burglary New York attorney can often negotiate to reduce a felony burglary charge to a lesser offense like criminal trespass or petit larceny, especially for first-time offenders or when the evidence of intent is weak.
What should I do if I am arrested for burglary?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a burglary New York law firm like ours as soon as possible so we can begin building your defense and protect your rights during questioning and arraignment.
Is bail available for burglary charges after New York’s reforms?
It depends. While 2020 reforms eliminated cash bail for many non-violent felonies, burglary charges, especially those involving dwellings, often still qualify for bail. The court will consider factors like your ties to the community and flight risk.
How long does a burglary case take in New York?
A felony burglary case in Supreme Court can take from several months to over a year to resolve, depending on case complexity, evidence, and whether it goes to trial. The speedy trial rule (CPL § 30.30) generally requires the prosecution to be ready for trial within 6 months for felonies.
For more information on related defenses, see our pages on criminal defense in Manhattan and theft defense in Manhattan. Learn more about our lead attorney on our team profile page.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.