penalties for burglary

6 Different Types of Burglary Charges and Their Penalties

Burglary is when a person trespass, or knowingly and unlawfully enters or remains in a property with intent to commit an offense within the premises, whether armed or not.

In New York, burglary is a crime punished under five different statutes. It is classified into different degrees, depending on the conduct involved. The gravity of the offense shall determine the penalty of the offender.

Make sure to hire a bondsman in your area if your loved one has been jailed due to burglary and you are unable to afford bail. Trials can takes months to begin so you don’t want your loved one sitting in a jail cell for this entire time period!

 

TYPES OF BURGLARY (in ascending order) and PENALTIES:

Third Degree Burglary

Third degree burglary, as defined in the statutes of New York, is entering or remaining unlawfully in a building at anytime with the intent to commit a crime. This is penalized with a minimum sentence of 1 year to a maximum of 5 years and/or a fine of $5,000.

Third Degree Burglary With A Firearm

Third degree burglary is entering or remaining unlawfully in a building at anytime with the intent to commit a crime with the use of, armed with, threatening the use of, displays or represents that he possesses a firearm (pistol, revolver, rifle, shotgun, machine gun, or other firearm) shall be penalized with a mandatory sentence of 1 year minimum to a maximum of 5 years and/or a fine of $5,000.

Second Degree Burglary

Second degree burglary is entering or remaining unlawfully in a dwelling at night or when someone is home with the intent to commit a crime. This is penalized with a minimum sentence of 1 year to a maximum of 10 years and/or a fine of $10,000.

Second Degree Burglary With A Firearm

Second degree burglary is entering or remaining unlawfully in a dwelling at night  or when someone is home with the intent to commit a crime with the use of, armed with, threatening the use of, displays or represents that he possesses a firearm (pistol, revolver, rifle, shotgun, machine gun, or other firearm) shall be penalized with a mandatory sentence of 1 year minimum to a maximum of 10 years and/or a fine of $10,000.

First Degree Burglary

First degree burglary is entering or remaining unlawfully in a dwelling at anytime. The offender shall intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily injury on someone while attempting to commit the offense or while fleeing. This is penalized with a minimum sentence of 1 year to a maximum of 25 years and/or $20,000.

First Degree Burglary With A Firearm

First Degree Burglary is entering or remaining unlawfully in a dwelling at anytime. The offender shall intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily injury on someone armed with a weapon (explosive, deadly weapon, or dangerous instrument) while attempting to commit the offense or while fleeing. This shall be penalized with a mandatory sentence of 5 years to a maximum of 25 years and/or $25,000.

 

Burglary is a crime separate and distinct from the crime committed within the building or dwelling. Statutes serves as guides by listing the minimum and maximum sentences for each degree of the crime. After the jury has determined the guilt of the offender, the case shall be returned to the judge who shall determine the sentence. Many factors shall take into play in the determination of the sentence, including any mitigating and/or aggravating circumstance present in the case.

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