NYC Burglary 2nd Degree Defense | NY Penal Law 140.25 Home Invasion Violent Felony Lawyers

NYC Burglary 2nd Degree Defense | NY Penal Law 140.25 Home Invasion Violent Felony Lawyers

So your probably in absolute terror right now because your charged with burglary second degree – a VIOLENT FELONY with mandatory prison time. Maybe you broke into an empty house thinking no one lived there. Maybe you had what looked like a weapon but was actually your phone. Or maybe someone got hurt during a simple theft gone wrong! Look, we get it. Your TERRIFIED because this is home invasion charges with 3.5 to 15 YEARS mandatory prison! And you should be scared! Because NY Penal Law §140.25 means your facing the same charges as armed robbers and violent criminals!

What Makes Burglary Become Second Degree?

Second degree burglary happens two ways that catch thousands of people – either you burglarize a DWELLING (any place people sleep) OR you commit burglary with weapons, violence, or apparent firearms. Just ONE of these factors turns 7-year burglary into 15-year violent felony with mandatory minimums!

The dwelling rule is INSANE. Break into what you think is an abandoned house? If anyone ever sleeps there, its second degree! Enter an apartment to get your stuff back from an ex? Second degree! Hotel room, dorm room, even someone’s RV? All dwellings, all second degree!

It doesn’t matter if no one’s home! Doesn’t matter if you knew it was empty! Doesn’t matter if you took nothing! The mere fact its a dwelling where people sleep makes it violent felony burglary. Your treated like a dangerous home invader even if no one was ever at risk!

The weapon rules are even worse. “Displays what appears to be” a firearm? That means FAKE GUNS COUNT! Toy gun, BB gun, even your hand in your pocket pretending? If victim thinks its a gun, your guilty! The perception matters more than reality!

Can You Avoid Prison for Burglary 2nd Degree?

NO, ABSOLUTELY NOT! This is what destroys people – second degree burglary is a VIOLENT FELONY with MANDATORY MINIMUM 3.5 years state prison! No probation possible. No alternative programs. No home detention. You WILL do hard time!

First offense, perfect record, model citizen? MINIMUM 3.5 years prison, maximum 15 years. The judge has ZERO discretion below 3.5 years. Cry about your kids, your job, your dying mother – doesn’t matter. Mandatory means mandatory!

Prior felony conviction? MINIMUM 7 years prison! And they count ANY felony from the last 10 years. That old drug charge? Now your doing 7+ years. Multiple priors? Your looking at 10-15 years easy. Judges max out repeat offenders!

After prison? Years of post-release supervision. Strict parole conditions. One violation sends you back for the remainder of your sentence. Plus lifetime violent felon status that destroys employment, housing, everything. The punishment literally never ends!

What If It Was Just an Empty House?

DOESN’T MATTER if it was empty! This is the cruelest part of the dwelling provision. Dwelling means anywhere people “usually lodge” – not where they were at that moment!

Vacation home empty for months? Still a dwelling! House being renovated with no one living there? Dwelling if someone will live there! Abandoned-looking house where homeless sometimes sleep? Dwelling! The definition is impossibly broad!

We’ve seen second degree charges for: Breaking into houses for sale (empty but dwellings). Entering apartments during evictions (no one there but still dwellings). Hotel rooms being cleaned (temporary vacancy doesn’t matter). Storage units attached to apartments (part of dwelling).

The law treats breaking into an empty house the SAME as invading an occupied home with a family inside! No consideration for actual danger. No difference in sentencing. Empty or full, your a violent home invader facing mandatory prison!

How Does “Appears to Be a Firearm” Work?

This is how people with no weapons become armed felons! The law doesn’t require a real gun – just displaying what “appears to be” one. Jury instructions make clear fake guns count!

Examples that trigger second degree: Pointing finger under shirt like gun. Black cell phone held threateningly. TV remote in dark room. Toy gun from dollar store. Even making verbal threats about having a gun without showing anything!

The victim’s perception controls. If they genuinely believed you had a gun, your guilty regardless of reality. You can scream “its not real!” but if they already formed the belief, your convicted. There fear becomes your felony!

We’ve seen convictions where security footage clearly shows no weapon, but victim testified they “thought” defendant had gun. Conviction upheld! The subjective fear of victim outweighs objective evidence. Its completely unfair!

What Level of Injury Triggers Second Degree?

“Physical injury” for second degree burglary doesn’t mean serious injury – just “impairment of physical condition or substantial pain.” A bloody nose? Physical injury. Bruised wrist? Physical injury. Claiming there back hurts? Enough for second degree!

The injury doesn’t have to be intentional! Accidentally knock someone over while running? Second degree. They trip chasing you? Second degree. Security guard hurts himself tackling you? Your fault, second degree!

Non-participants get special protection. Hurt your co-burglar? That’s not second degree. But scratch a homeowner, store employee, or random bystander? Violent felony! Even minor contact with non-participants triggers mandatory minimums!

The timing is crucial. Injury during entry, inside building, OR immediate flight all count. Push someone while escaping a mile away? If its “immediate flight,” that’s second degree. The violence window extends well beyond the actual burglary!

Can Having a Knife Make It Second Degree?

YES! “Armed with deadly weapon” includes knives, and even tools that could be weapons! Screwdriver for breaking in? Deadly weapon. Box cutter for packages? Deadly weapon. Even a hammer or crowbar counts!

“Dangerous instrument” is even broader – ANYTHING that could cause serious injury based on how its used. Baseball bat, heavy flashlight, even a large rock. If you have it during burglary and it could hurt someone, second degree!

The weapon doesn’t need to be used or even displayed! Just having it on you during burglary is enough. Folding knife in your pocket you forgot about? Armed burglary! Multi-tool on your keychain? Could be dangerous instrument!

Prosecutors argue every tool is a potential weapon. Pliers become “torture devices.” Rope becomes “ligatures.” Duct tape becomes “restraints.” They transform ordinary items into weapons to upgrade charges!

What Are Immigration Consequences?

Burglary second degree is catastrophic for immigrants – its an “aggravated felony” AND “crime of violence” under federal immigration law. Double death sentence for any non-citizen!

MANDATORY deportation after prison. No waivers for family hardship. No consideration of US citizen children. No relief for decades of tax-paying residence. You serve 3.5+ years prison, then ICE deports you immediately!

Green card holders lose permanent residence automatically. DACA recipients lose protection immediately. Visa holders banned permanently from returning. Asylum seekers deported to danger. The immigration consequences often exceed criminal penalties!

Even beating charges doesn’t save you! Arrest for violent felony triggers removal proceedings. Charges reduced? Original arrest still counts. Case dismissed? ICE continues deportation. The system ensures deportation regardless!

Will This Ruin Everything Forever?

YES! “BURGLARY 2ND DEGREE – VIOLENT FELONY” on background checks means permanent pariah status! Everyone sees “violent home invasion.” Doesn’t matter it was empty house or fake gun. Your branded a dangerous criminal forever!

• Employment – no one hires violent home invaders
• Housing – instant rejection from every landlord
• Professional licenses – revoked permanently
• Education – expelled from programs, denied admission
• Gun rights – federal lifetime ban for violent felony
• Voting – lost until sentence fully completed
• Travel – many countries ban violent felons

Dating becomes impossible when Google shows “violent burglary conviction.” Parents won’t let you near there children. Neighbors organize to force you out. You become a permanent outcast from society!

Financial life destroyed too. No bank loans for violent felons. Insurance companies deny coverage. Credit destroyed by criminal record. Economic opportunity vanishes permanently. Poverty becomes inevitable!

What Defenses Work Against Second Degree?

The key is attacking the enhancement factors that make it second degree. Was it really a dwelling or abandoned building? Was there really a weapon or mistaken perception? Did injury actually occur or was it fabricated?

Permission defenses work for dwelling burglaries. You thought you had permission to enter. Prior relationship gave implied consent. Landlord-tenant dispute where you believed you had rights. Permission defeats unlawful entry!

Challenging “appears to be firearm” requires showing no reasonable perception. Security video proving hands were empty. Witness testimony about what really happened. No threatening gestures or words about guns. Undermine the fear!

Lack of intent to commit crime inside remains powerful. Maybe you entered to retrieve your property. Maybe seeking shelter from cold. Maybe confused or intoxicated. Without criminal intent, no burglary at all!

Why Spodek Law Group for 2nd Degree Burglary?

Most lawyers see mandatory minimums and surrender. “Take 3.5 years, could be 15!” But we know 3.5 years in state prison as violent felon destroys lives permanently. We fight to beat charges completely, not minimize prison!

We attack every enhancement aggressively. Challenge dwelling status through property records. Dispute weapon claims with video evidence. Question injury severity with medical records. Knock out enhancements, avoid violent felony!

We’re not afraid of violent felony trials. Most lawyers plead out immediately – too much risk. We fight. Prosecutors know this. Sometimes they’d rather reduce or dismiss than risk losing a “violent home invasion” trial!

Most importantly, we humanize you. Your not a dangerous home invader. Maybe desperate, maybe confused, maybe mistaken – but not violent predator prosecutors portray. We show juries the person behind the scary charges!

Call us RIGHT NOW at 212-300-5196
Don’t accept mandatory prison – FIGHT THE CHARGES!

Every hour matters with violent felony charges! Evidence of empty dwelling? Being destroyed. Proof there was no weapon? Getting deleted. Witnesses who know you had permission? Disappearing or being influenced!

Don’t plead guilty because mandatory minimums terrify you! Don’t let public defenders push quick deals! Don’t accept that your life is over! Fight with lawyers who know second degree charges often wildly overcharge actual conduct!

Disclaimer: Prior results don’t guarantee future outcomes. Each case depends on specific facts. But we promise to fight every enhancement that makes it violent felony.