NY Penal Law § 140.25: Burglary In The Second Degree

by ECL Writer
Penalties Of New York Theft Charge

Breaking and entering is the colloquial term for the crime of burglary. It entails illegally entering a building with the intention of committing a crime. This accusation also applies if you are legally inside a building but stay put after you ought to have gone. Trespassing is different from burglary in New York in that the prosecution must prove that your presence on the property was intended to commit a crime in order for you to be found guilty. You would have committed a burglary in the second degree under New York Criminal Code section 140.25 if you had unlawfully entered or remained within a building while you or an accomplice:

  • Are armed with explosives or a deadly weapon,
  • Injury someone,
  • Use or threaten to use a dangerous instrument, or
  • Display a gun

If the structure is a home, an apartment, or any type of structure where people spend the night, you could potentially be charged with burglary in the second degree.


A class C felony is first-degree burglary. 15 years in prison is the maximum penalty. The judge must impose a sentence that is at least 3.5 years in length because this crime is also a dangerous felony. Your prior criminal history, among other things, will affect how long you actually spend in prison. The judge may sentence you to as little as 3.5 years in jail if you have never been convicted of a felony. However, if you have previously been convicted of a felony, the judge will sentence you to a minimum of 7 years in jail and a maximum of 15 years.





Defenses To Burglary In The Second Degree

A charge of burglary in the second degree may be defended in a number of ways. For instance, if you are accused of possessing a deadly weapon, the prosecution must show that the weapon was in fact lethal. It seems unlikely that a dull, un-serrated knife with a circular tip would be regarded as a lethal weapon. In order to be charged with second-degree burglary for inflicting physical harm on another person, that harm must be severe enough to meet the criteria for physical harm under New York criminal law.

New York Penal Law § 140.25: Burglary In The second degree

When someone intentionally enters or remains inside a structure without permission with the aim to commit a crime there, and when:

  • In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:
    • Is armed with explosives or a deadly weapon; or
    • Causes physical injury to any person who is not a participant in the crime; or
    • Uses or threatens the immediate use of a dangerous instrument; or
    • Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearms; or
  • The building is a dwelling.

What Is The Main Difference Between Burglary And Robbery?

Robbery and burglary are both theft-related crimes, yet they differ significantly in key aspects. The degree of violence and threat used in the crime is the key distinction between robbery and burglary.

Burglary is defined as an unauthorized entry into a structure with the purpose of committing a crime. In other words, the offender illegally enters a property in order to steal, cause damage, or conduct a crime. When the owner is not present or during the night, the crime is committed. If the burglar uses force to enter the premises or if they commit a violent offense, such as assault, while committing the burglary, the burglary may also take place during the day. Unauthorized entry into a person’s home or place of business is a serious offense with substantial legal repercussions.

Robbery, on the other hand, is defined as the forced or coerced removal of property from a person. In this crime, the perpetrator takes something from the victim using force or threats. Robbery is committed against a person, not property. Robberies can occur in either public or private settings, like the street or a bank. The use of a weapon, like a rifle or a knife, might increase how serious the crime is.

In conclusion, robbery is the taking of something from a person using force or fear, while burglary is the unauthorized entry into a property with the goal to conduct a crime. While both crimes involve theft, robbery entails physical contact with a victim, whereas burglary doesn’t always involve the property owner. To better understand each crime’s seriousness and its legal repercussions, it is crucial to comprehend how these two crimes differ from one another.

Hiring A New York Lawyer For Burglary In Second Degree Case

If you are facing charges of burglary in the second degree in New York, it is essential to hire a qualified criminal defense lawyer. Burglary in the second degree is a serious crime that can result in significant legal consequences, including imprisonment, fines, and a criminal record.

When hiring a lawyer for a burglary in a second-degree case, there are several things to consider. First, you should look for a lawyer who has experience handling criminal cases in New York. Burglary laws vary from state to state, and a lawyer who is familiar with the laws and procedures in New York will be better equipped to defend you.

It is also essential to look for a lawyer who has experience handling burglary cases specifically. Burglary cases can be complex, and a lawyer who has experience handling these cases will be better equipped to build a strong defense strategy.

Another important factor to consider is the lawyer’s reputation and track record. Look for a lawyer who has a history of success in defending clients against burglary charges. You can research lawyers online or ask for referrals from friends or family members who have had experience with criminal defense lawyers.

When you meet with potential lawyers, be sure to ask questions about their experience and strategy for defending your case. A good lawyer should be able to explain the charges against you, the potential legal consequences, and the defense strategies they plan to use.

In addition to their legal expertise, it is essential to hire a lawyer who is responsive and accessible. You want to work with a lawyer who is willing to answer your questions and keep you informed about the progress of your case.

Finally, be sure to consider the lawyer’s fees when making your decision. Many criminal defense lawyers offer free initial consultations, so you can meet with several lawyers before making a decision.

In summary, if you are facing charges of burglary in the second degree in New York, it is essential to hire a qualified criminal defense lawyer with experience handling burglary cases. Look for a lawyer with a strong reputation, a history of success, and who is responsive and accessible. By choosing the right lawyer, you can increase your chances of a favorable outcome in your case.

Leave a Comment

This blog is ONLY for informational or educational purposes and DOES NOT substitute professional legal advise. We take no responsibility or credit for what you do with this info.