A late-night knock at your door. Police accuse you or a loved one of burglary. Even if nothing was stolen, the charge is still a felony—and it can mean years in prison. Your future, freedom, and family are on the line. You need a burglary lawyer who knows what you’re up against. Whether the case is in Nassau or Suffolk County, a skilled Long Island criminal lawyer can help you fight back and protect your rights.
At The R.M.L. Law Firm, PLLC, we know how serious these charges can be—and we know how to fight them. With over a decade of legal experience, we approach every case with aggressive strategies aimed at protecting your rights and your future. Our firm is dedicated to ensuring that a single moment doesn’t define the rest of your life.
The key to handling burglary charges is having a skilled, experienced attorney by your side. We understand local courts in Nassau and Suffolk counties. We will craft a defense that challenges evidence and weakens the prosecution’s case. When the stakes are high, you need someone who knows New York’s legal system fighting for you.
What is Burglary in New York?
Burglary involves unlawfully entering a building with the intent to commit a crime inside. Contrary to popular belief, the crime doesn’t have to involve theft. The intent to commit any crime—even a minor one—is enough to face burglary charges.
Types of Burglary Charges in New York
There are three degrees of burglary charges in New York: Third Degree, Second Degree, and First Degree, each with increasing levels of severity and potential penalties. Here’s what you need to know:
Burglary in the Third Degree (PL 140.20) – Class D Felony
Penalties: A conviction for Burglary in the Third Degree can result in up to 7 years in prison.
Definition: Burglary in the Third Degree occurs when a person knowingly enters or remains unlawfully in a building with the intent to commit a crime. The building doesn’t have to be a home—it can be a store, office, or any other type of structure.
A common misconception about burglary is that theft has to occur for the charge to stick. In reality, New York law only requires that a person enters a building with the intent to commit any crime. Even if no crime is actually carried out, just having the intent is enough to face a burglary charge.
Example: Imagine someone sneaks into a closed art gallery intending to steal a painting but leaves without taking anything. Even though no property was stolen, that person can still be charged with burglary because they entered with the intent to commit theft. A prosecutor might use text messages, emails, or witness testimony to prove that the person intended to commit a theft (steal a painting)
It’s important to note that the crime a person intends to commit can be any misdemeanor or felony. For example, even entering a building with the intent to spray graffiti—an act of criminal mischief—would be enough to face a Third-Degree Burglary charge, despite the relatively minor nature of the offense.
Burglary in the Second Degree (PL 140.25) – Class C Violent Felony
Penalties: Burglary in the Second Degree is punishable by up to 15 years in prison, followed by up to 5 years of post-release supervision.
Definition: Burglary in the Second Degree includes the same basic elements as Third Degree but with added factors, also known as “aggravating circumstances.” This makes it a more severe offense, and it is classified as a violent felony.
You can be charged with Burglary in the Second Degree if you unlawfully enter a building intending to commit a crime, and one of the following is true:
- The building is a dwelling, which means it is someone’s home.
- You (or someone with you) display what appears to be a firearm, whether or not it’s real or loaded.
- You (or someone with you) use or threaten the immediate use of a dangerous instrument (like a knife or bat).
- You (or someone with you) cause physical injury to another person during the burglary.
- You (or someone with you) are armed with a deadly weapon or explosives.
Example: If a person breaks into a home in Hempstead, Nassau County, and threatens the homeowner with a knife, they can be charged with Second Degree Burglary—even if nothing is stolen. Simply threatening the use of a dangerous instrument elevates the charge.
Burglary in the First Degree (PL 140.30) – Class B Violent Felony
Penalties: Burglary in the First Degree is punishable by up to 25 years in prison, followed by up to 5 years of post-release supervision.
Definition: Burglary in the First Degree is the most serious burglary charge under New York law. It involves unlawfully entering a dwelling (someone’s home) with the intent to commit a crime, along with additional aggravating factors similar to those found in Second Degree Burglary.
You can be charged with Burglary in the First Degree if you unlawfully enter a dwelling and:
- Display what appears to be a firearm.
- Use or threaten the immediate use of a dangerous instrument.
- Cause physical injury to someone during the burglary.
- Are armed with a deadly weapon or explosives.
Example: If someone breaks into a house in Huntington, Suffolk County, and pushes the homeowner to the ground, causing a broken wrist, they can face First Degree Burglary charges—even if the intent was only to commit a minor crime like vandalism.
How an Experienced Long Island Burglary Lawyer Can Help
Being charged with burglary in New York, especially in Nassau County or Suffolk County, can be a stressful experience. The criminal justice system is tough, and prosecutors use every resource to build a strong case against you. They will scrutinize your every move, relying on evidence like eyewitness accounts, video footage, DNA, or fingerprints. It may seem like the odds are stacked against you, but with the right defense attorney, you can protect your rights and fight for your freedom.
Types of Evidence the District Attorney May Use in Burglary Cases
Prosecutors build their case based on different types of evidence, each of which plays a significant role in the outcome of the case. Below are some common forms of evidence used in burglary cases and how they can be challenged:
Eyewitness Testimony
Eyewitnesses who claim to have seen you entering or exiting a property can significantly influence the prosecution’s case. However, eyewitness testimony is not always reliable. Factors such as stress, poor lighting, or the passage of time can distort memory, leading to mistaken identifications. An experienced attorney can challenge the credibility of eyewitnesses, especially if there is reason to believe their account is inaccurate.
Video Surveillance
Security cameras, doorbell cameras, or public surveillance footage can provide compelling evidence. However, the quality of a video plays a huge role in its effectiveness. Low-resolution footage or recordings with poor lighting can make it difficult to positively identify individuals. A skilled defense attorney can question the reliability of the video and argue that it fails to provide conclusive proof of criminal activity.
DNA Evidence
DNA evidence is a powerful tool in criminal investigations, but its accuracy depends on proper handling and collection. Contamination or lab errors can affect its validity. Your defense attorney can challenge the prosecution’s use of DNA evidence, seeking expert analysis to ensure proper handling and prevent misuse that could lead to an incorrect assumption about your involvement.
Fingerprint Evidence
Fingerprints found at a crime scene can be a critical piece of evidence, but they can be unreliable. Issues such as poor quality prints or contamination during collection can compromise their accuracy. A defense attorney can dispute fingerprint evidence by pointing out these potential issues, undermining the prosecution’s case.
Cellphone Location Data
Cellphone records can be used to track your movements and determine whether you were near the crime scene. However, there are many factors that can make this data unreliable, such as GPS inaccuracies or signal loss. Your attorney can question the validity of this evidence, challenging its ability to place you at the scene at the time of the crime.
Car License Plate Readers (LPR)
License plate readers may be used to track vehicles associated with criminal activity. Although LPR technology is helpful for law enforcement, it is not without flaws. Poor lighting or obstructions can result in inaccurate data, and your defense attorney can investigate these potential issues to show that the evidence may be misleading.
Cellphone Texts and Phone Calls
Text messages and phone calls can suggest planning or coordination for a burglary. However, context matters. A skilled burglary lawyer can argue that these communications were taken out of context or misunderstood, preventing prosecutors from using them as evidence of criminal intent.
Why Choose The R.M.L. Law Firm, PLLC for Your Long Island Burglary Defense?
If you’ve been charged with burglary in Nassau County or elsewhere on Long Island, you need an experienced burglary lawyer. Attorney Ramy Mikhail Louis, founder of The R.M.L. Law Firm, PLLC, is a former Senior Nassau County Assistant District Attorney with years of experience handling burglary cases. His background allows him to approach cases from both sides of the courtroom. With insights into prosecution strategies, he can craft an effective defense for your case, working tirelessly to protect your rights.
Attorney Louis has successfully defended clients in Nassau and Suffolk Counties. His deep knowledge of local courts and the criminal justice system ensures your case receives the attention it deserves.
Frequently Asked Questions About Burglary Charges in New York
What’s the difference between burglary and robbery?
Burglary involves unlawfully entering a building with the intent to commit a crime, while robbery involves taking property by force or threat of force. Burglary focuses on unlawful entry and intent, while robbery centers on stealing under duress.
Can I be charged with burglary if I didn’t steal anything?
Yes. In New York, prosecutors can charge you with burglary if you enter a building with the intent to commit any crime, even if nothing was stolen. However, if you entered without criminal intent, police may only charge you with trespassing.
What should I do if I’m charged with burglary?
Contact an experienced burglary lawyer immediately. Avoid speaking to the police without legal representation. Anything you say can hurt your case.
Can a burglary charge be reduced or dismissed?
Yes. A skilled burglary lawyer can challenge the evidence, negotiate a plea deal, or get the charges reduced or dismissed, especially if there’s doubt about your intent or involvement.
What are the potential penalties for burglary in New York?
Penalties vary by the degree of the charge. For example, first-degree burglary can result in up to 25 years in prison.
How can I defend against a burglary charge?
Defenses may include challenging your intent, questioning eyewitness reliability, disputing video evidence, or offering alternative explanations for your presence at the scene.
How does intent affect burglary charges?
Intent is key. Prosecutors must prove you intended to commit a crime when entering the building. Reasonable doubt about intent can reduce or dismiss the charge.
What if I was invited onto the property?
If invited onto the property and you didn’t intend to commit a crime, this could serve as a defense against burglary charges.
Contact a Long Island Burglary Lawyer Today
Contact The R.M.L. Law Firm, PLLC today for a free consultation about your Long Island burglary charges.
