Burglary

Practice Areas

Burglary is one of the most serious property-related offenses under New York Penal Law. Unlike simple trespass, burglary involves entering or remaining unlawfully in a building with the intent to commit a crime inside. Because burglary is considered a crime against both property and personal safety, prosecutors pursue these cases aggressively. New York recognizes three degrees of burglary—Burglary in the Third Degree (commercial burglary), Second Degree, and First Degree (inside a home)—with penalties ranging from probation to state prison time, with long-term post-release supervision.

Burglary in the Third Degree – NYPL §140.20

Burglary in the Third Degree is a Class D felony. A person may be charged with this offense if they:

Knowingly enter or remain unlawfully in a building, and
Intend to commit a crime inside (not necessarily theft).

Even without weapons or injuries, third-degree burglary is a felony that can lead to prison, probation, and a permanent criminal record.

Burglary in the Second Degree – NYPL §140.25

Burglary in the Second Degree is a Class C violent felony. It applies when the alleged burglary occurs in a dwelling—a place where someone lives—or when certain aggravating factors are present, such as:

The accused is alleged to have caused physical injury,
Carried a weapon, or
Displayed what appears to be a firearm.

Because these cases involve enhanced allegations, prosecutors often push for significant prison terms, with a minimum state prison sentence required unless the defense can argue mitigation.

Burglary in the First Degree – NYPL §140.30

Burglary in the First Degree is a Class B violent felony—one of the most serious charges in New York’s Penal Law. First-degree burglary typically involves:

Entering a dwelling, and
Causing serious physical injury, using a deadly weapon, or displaying a firearm.

Convictions can result in mandatory state prison sentences and long-term supervision.

Why Representation Matters

A burglary accusation can jeopardize your freedom, employment, immigration status, and future opportunities. We understand how high the stakes are and work tirelessly to protect your rights, your record, and your future. From the earliest stages of the investigation to trial, we provide strategic, aggressive advocacy aimed at achieving the best possible outcome.

THE INFORMATION PROVIDED IS NOT MEANT TO TAKE THE PLACE OF A CONSULTATION WITH AN EXPERIENCED LOCAL CRIMINAL DEFENSE ATTORNEY.

FAQS

Frequently Asked
Questions

Lo Piccolo Law
is dedicated
to protecting your rights, your freedom,
and your future at
every stage of
your case.

What do I do if I have been arrested?

Police will either hold a person to see a Judge within 24 hours OR they will be issued a Desk Appearance Ticket. Either way, an attorney should be retained for the first court appearance. Please contact us if we can help you or a loved one.

What do I do if I have a warrant?

A bench warrant means that court was missed, and if you come in contact with the police or other law enforcement, you will be detained and brought to court involuntarily. IF that happens, your family should contact an attorney to appear with you at court because bail can be set and you can be detained at the local jail.

You can vacate a bench warrant voluntarily by appearing with an attorney at the clerk’s office of the court where the bench warrant was issued. You will then go before a Judge to vacate the warrant. An attorney should be present to advocate for your continued liberty.

Arrest warrants are less common but the same procedures apply in those situations.

How can I find my next court date?

Most court appearances are logged in the New York State Courts
database, commonly referred to as WEBCRIMS.

https://iapps.courts.state.ny.us/webcrim_attorney/DefendantSearch

Please note that mis-spelling is common and that Desk Appearance
Tickets may not appear until a few days before the date on the ticket
OR not at all. Sometimes, these cases will not be logged into the system
until after that first initial appearance.

Where are the Courts Located?

New York State Courts, as well as local village courts can be found at: LINK

Federal Courts can be found https://www.uscourts.gov/

How do I schedule a Jail visitation?

For Nassau County Jail
https://app.nassaucountyny.gov/Sheriff/inmate_visit/A.

For Suffolk County Jail
https://www.suffolkcountysheriffsoffice.com/visiting-information

There are rules for each visit so please review them when preparing
to visit a loved one or friend.

How do I add money to an inmate’s commissary and what items can I mail to the Jail?

For Nassau County Jail: LINK

For the Suffolk County Jail: LINK

How do I pay Court imposed Fines and Surcharges?

Courts provide a date for all payments. IF you are unsure of the date and/or amount of fines due, please contact the Court directly or your attorney.

What is the difference between a Felony and a Misdemeanor?

Felony charges are the more serious criminal charges in NYS. They range from levels A to E, with A being the most serious and E being the least serious. There are also non-violent and violent felonies depending on the specific facts of each case. The most serious felonies in New York can carry a life sentence, a determinate sentence ranging from 5-25 years for the more serious violent felonies to non-mandatory jail for many non-violent felonies, depending on the accused criminal history.

Misdemeanor charges are lesser offenses ranging from A to B misdemeanors, with A misdemeanors being the more serious offenses. They carry a potential sentence of one year in jail, 3 years probation, or a combination of the two. While less serious than felonies, the risk of a criminal record from a conviction is still real and needs an attorney to advise and defend.

What is Bail and How can Bail be posted?

What is Bail?
Bail is a securing order to ensure an accused’s return to court. IF Bail is
set, a person is detained at the local jail until bail is posted. If Bail is set,
it can be posted at arraignments if family is present, 24 hours a day at the
local jail and Monday through Friday between 9-4:30 p.m. at the Court.
If you are posting a Partially Secured Bond (please allow at least 2 hours
for this process).

Get In Touch With Us

location

666 Old Country Road,
Suite 207
Garden City, NY 11530

call us

(516) 408-3666

Email Us

Office@JLPNYLAW.com

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