NYC Burglary 3rd Degree Defense | NY Penal Law 140.20 Breaking & Entering Lawyers

NYC Burglary 3rd Degree Defense | NY Penal Law 140.20 Breaking & Entering Lawyers

So your probably in total panic right now because you got arrested for burglary and your facing SEVEN YEARS in prison. Maybe you broke into your ex’s apartment to get your stuff back. Maybe you stayed in a store after closing to steal something. Or maybe you entered a building thinking you had permission but didn’t! Look, we get it. Your TERRIFIED because burglary sounds like your a dangerous home invader! And you should be worried! Because NY Penal Law §140.20 is a Class D felony that can destroy your entire future!

What Exactly Is Burglary in the Third Degree?

Burglary third degree happens when you knowingly enter or remain unlawfully in a building with intent to commit ANY crime inside. That’s it! No requirement of breaking in. No requirement of stealing anything. No requirement of anyone being there. Just unlawful entry plus criminal intent equals felony burglary!

Here’s what’s insane – the “crime” you intended can be ANYTHING! Planning to steal? Burglary. Planning to vandalize? Burglary. Planning to smoke weed inside? Technically burglary! The smallest criminal intent turns trespassing into a 7-year felony!

“Building” is defined super broadly too. Not just houses or stores. Includes any structure where someone could sleep overnight. Warehouses, RVs, boats with cabins, even certain vehicles! That abandoned building you explored? If you took anything or planned to, that’s burglary!

The “remains unlawfully” part catches people constantly. You enter legally as a customer but hide until after closing? Burglary! Your invited in but then asked to leave and don’t? If you commit any crime after, its burglary! Permission can be revoked instantly, turning you into a burglar!

Can You Go to Jail for Burglary 3rd Degree?

YES, up to SEVEN YEARS in state prison! This isn’t a slap on the wrist. This is serious felony time in maximum security facilities. And unlike some other Class D felonies, judges take burglary seriously because it violates people’s security!

First offense with clean record? You MIGHT get probation, but don’t count on it! We’ve seen first-timers get 1-3 years for entering there ex’s apartment. 2-4 years for staying in stores after closing. Judges want to “send messages” about property crimes!

Prior felony conviction within 10 years? MANDATORY 2-4 years minimum prison! No exceptions, no alternatives. That old drug charge from 8 years ago? Now your doing hard time for burglary. The system uses past mistakes to guarantee prison!

Plus years of probation after. Plus restitution even if you took nothing. Plus fines up to $5,000. Plus a FELONY RECORD forever that makes you unemployable. All because you entered somewhere you shouldn’t have with bad intentions!

What’s the Difference Between Burglary and Criminal Trespass?

This is crucial – the ONLY difference is criminal intent! Criminal trespass means unlawfully entering property. Burglary means unlawfully entering WITH INTENT to commit crime inside. That intent transforms misdemeanor into felony!

Criminal trespass third degree is just a violation – maximum 15 days jail. Add criminal intent? Now its burglary third degree – 7 years prison! The punishment increases by literally HUNDREDS of times just because of what you were thinking!

Here’s what’s unfair – prosecutors assume criminal intent from circumstances. Found with anything valuable? “You intended theft!” Had tools? “Burglary tools prove intent!” Been there before? “Pattern shows criminal intent!” They create intent from thin air!

The worst part? You don’t need to actually commit the intended crime! Just having the intent when entering is enough. Broke in planning to steal but found nothing? Still burglary. Entered to vandalize but changed your mind? Still burglary. The thought alone makes you guilty!

What If You Had Permission to Enter?

This is the most common defense – you thought you had permission or actually did have permission! But prosecutors twist this constantly. Permission can be limited, conditional, or revoked without you knowing!

Examples where people THINK they have permission but don’t: Ex-boyfriend entering apartment with old key. Employee entering work after being fired. Friend entering when owner isn’t home. Family member entering relative’s house during dispute. All can be burglary if you commit any crime inside!

Permission can also be exceeded. Invited into living room but go into bedroom? Exceeded permission. Allowed in during business hours but stay after? Permission expired. Let in for one purpose but do something else? Permission violated. Suddenly your a burglar!

We’ve seen cases where permission was revoked by text message the defendant never received. Where a spouse gave permission but didn’t have authority. Where implied permission from past visits wasn’t actually valid. The permission defense is trickier than people think!

How Does “Unlawfully Remains” Lead to Burglary?

This is how shoplifters become burglars – entering legally but remaining unlawfully! Walk into Target as customer, hide in bathroom until closing, then steal? That’s burglary, not shoplifting! The unlawful remaining plus theft intent equals felony!

Common scenarios for “unlawfully remains” burglary: Hiding in stores after closing. Refusing to leave when asked. Staying past visiting hours. Entering legally but going into restricted areas. Returning after being banned.

What’s crazy is how quickly legal becomes illegal. Store announces “closing in 5 minutes” and you don’t leave immediately? If you take anything after, that’s burglary! Get locked in accidentally but then decide to steal? Burglary! Your intent can form AFTER you become unlawful!

The timing is everything. If you form criminal intent BEFORE becoming unlawful, its burglary. But if you become unlawful innocently and THEN form intent? Technically not burglary, but good luck proving when you formed intent!

What Buildings Count for Burglary Charges?

“Building” under burglary law includes way more than you’d think! Any structure, vehicle, or watercraft used for overnight lodging counts. Houses, apartments, hotels – obvious. But also RVs, houseboats, converted warehouses, even some large trucks with sleeper cabs!

What DOESN’T count: Stores without living quarters (during business hours). Open fields or yards. Cars without sleeping capability. Tents or temporary structures. If it’s not designed for overnight lodging, it might be trespass but not burglary.

But here’s the trap – buildings under construction or renovation still count! Abandoned buildings still count if there habitable! Businesses with apartments above still count! Prosecutors stretch “building” definition to maximize charges!

We’ve seen burglary charges for entering: Garage attached to house. Pool house with bathroom. Construction sites with trailers. Storage units in residential buildings. Anything remotely connected to dwelling gets treated as burglary!

What If You Didn’t Steal Anything?

Doesn’t matter! Burglary doesn’t require theft! The “intent to commit crime” can be ANY crime. Vandalism, assault, drug use, criminal mischief – any criminal intent makes it burglary. You could enter just to spray paint and its still 7-year felony!

In fact, you don’t even need to commit the intended crime! Just having intent when entering is enough. Break in planning revenge but chicken out? Still burglary. Enter to steal but find nothing? Still burglary. The completed crime is irrelevant!

This is how protesters get burglary charges. Enter building planning civil disobedience? That’s criminal intent! Occupy private property for demonstration? If you intended any crime (even minor vandalism), its burglary! Political activism becomes felony!

The prosecution doesn’t even need to prove WHAT crime you intended – just that you intended SOME crime. “General criminal intent” is enough. They argue circumstances show criminal purpose without specifying exact crime. Its completely unfair!

What Are the Collateral Consequences?

Felony burglary conviction destroys everything beyond prison! Employment becomes impossible – who hires convicted burglars? Every employer assumes your a thief and security risk. Professional licenses – revoked. Government work – banned. Even minimum wage jobs reject burglars!

• Housing – no landlord rents to burglars
• Immigration – deportation for felony burglary
• Student aid – federal funding denied
• Gun rights – federal lifetime ban
• Voting – lost until sentence completed
• Custody – courts assume your dangerous

The “home invasion” stigma follows you forever. Doesn’t matter if it was an empty store. Doesn’t matter if no one was threatened. Society sees “BURGLARY” and thinks your dangerous. Dating becomes impossible when Google shows your conviction!

Insurance rates skyrocket if you can get coverage at all. Banks won’t give loans to convicted burglars. Professional networking becomes impossible. Your social and economic life is effectively over. The collateral consequences often exceed the actual sentence!

What Are the Best Defenses?

The key is attacking either the unlawful entry OR the criminal intent – without both, there’s no burglary! Permission to enter (even if limited) defeats unlawful entry. Lack of criminal purpose defeats intent element. Either one blocks conviction!

Challenging “intent to commit crime” is often strongest. Maybe you entered for legitimate reason (retrieve property, visit someone, use bathroom). Maybe criminal opportunity arose AFTER entry. Maybe you were drunk/high and had no clear intent. Prosecutors must prove criminal purpose at moment of entry!

Mistaken permission is also powerful. You genuinely believed you had right to enter. Prior access made you think permission continued. Ambiguous communication about access. Reasonable belief defeats “knowingly” requirement!

Mental health defenses work too. Depression leading to poor decisions. Addiction driving desperate acts. Psychological issues affecting judgment. Not excuses but explanations that reduce charges or sentences!

Why Spodek Law Group for Burglary Defense?

Most lawyers see burglary and assume your guilty. They push quick pleas – “Take 2 years instead of 7!” But we know that ANY burglary conviction brands you a home invader forever. We fight to beat the charges completely!

We attack every element. Was entry really unlawful or was permission ambiguous? Was there really criminal intent or just poor judgment? Can they prove WHEN intent formed? Every detail matters when freedom’s at stake!

We’re not afraid of burglary trials. Most lawyers avoid them – too risky. We embrace them. Prosecutors know this. Sometimes they’d rather dismiss or reduce significantly than risk losing a “burglary” case at trial!

Most importantly, we understand that burglary charges often overcharge simple trespass or minor property crimes. Maybe you made a stupid decision. Maybe desperation drove you. Maybe its all a misunderstanding. We humanize you to judges and juries!

Call us RIGHT NOW at 212-300-5196
Don’t let bad judgment equal 7 years prison!

Time is CRITICAL in burglary cases! Security footage showing innocent intent? Deleted in 30 days. Text messages about permission? Phone companies purge them. Witnesses who know you had access? They forget or disappear!

Don’t plead guilty to “get better deal”! Burglary conviction means felon forever! Don’t talk to police trying to explain – they twist everything! Don’t wait hoping it goes away – it gets worse! Fight immediately with lawyers who know burglary charges are often overcharged trespass!

Disclaimer: Prior results don’t guarantee future outcomes. Every case is unique. But we promise to fight both the entry and intent elements aggressively.