In New York, burglary involves entering a building with the intent to commit a crime. New York State provides different degrees of burglary depending on a variety of factors. All burglary convictions are classified as felony convictions.

 

Section 140.20 of the New York Penal Code
 

A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the third degree is a class D felony.

 

Section 140.25 of the New York Penal Code
 

A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when:

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

2. The building is a dwelling.

Burglary in the second degree is a class C felony.

 

Section 140.30 of the New York Penal Code
 

A person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:

1. Is armed with explosives or a deadly weapon; or

2. Causes physical injury to any person who is not a participant in the crime; or

3. Uses or threatens the immediate use of a dangerous instrument; or

4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, burglary in the second degree, burglary in the third degree or any other crime.

Burglary in the first degree is a class B felony.

 

The sentencing guidelines for burglary vary depending on the degree of burglary a defendant has been convicted of, and whether the defendant is classified as a prior felony offender. All burglary convictions are felony convictions.  A conviction for burglary can carry a sentence of incarceration in excess 1 year, plus fines and surcharges. At times, the court may also impose a sentence of 5 years probation or a split sentence of up to 6 months incarceration and 5 years probation plus fines and surcharges.