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There is no such a thing as misdemeanor burglary in New York. In New York, all burglaries – regardless of degree – are classified as felonies.
However, the most common burglary charge is burglary in the third degree (PL 140.20).
When an individual is charged with Burglary, generally that individual may be charged in addition to other crimes. The most common form of burglary in New York is Burglary in the Third Degree which is a class D felony.
A person is guilty of Burglary in the Third Degree if the defendant unlawfully enters or remains in a building with intent to commit a crime therein.
Burglary in the Third Degree can become the more serious Second Degree if the building at issue is a house or other dwelling.
Additionally, it can become a Second Degree Burglary if the defendant has a weapon or if the defendant injures an innocent person.
Finally, Third Degree Burglary can be bumped to Second Degree if the defendant displays what appears to be a firearm or if the defendant threatens to use a dangerous instrument.
First Degree Burglary, which is a class B felony, occurs when in effecting entry of while in the dwelling or immediate flight therefrom, the defendant: 1) is armed with a deadly weapon or explosive; 2) causes injury to an innocent person; 3) threatens to use a dangerous instrument; or 4) displays what appears to be a firearm.
If you or a loved one has been charged with burglary, do not delay. This is a very serious charge which can lead to a maximum of 25 years in prison if one is convicted of First Degree Burglary.
Moreover, it could be deemed as a crime of moral turpitude or aggravated felony depending on the circumstances.
Let the Law Firm of Kyce Siddiqi help you with your case. Contact the firm today.