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Whether you or a family member has been charged with a form of burglary or robbery, you will likely have many questions about what these charges entail, if there is a defense against them, and what penalties they may have. Having this information will let you understand how serious these charges can be and why it is so important to defend against them so you should take help a criminal lawyer to better understand.

What are the Burglary Tiers?

Like many crimes in New York, the state laws divide burglary into a variety of tiers, with first degree being the most serious tier and holding a greater penalty.

Burglary in the Third Degree

Under New York Law, burglary in the third degree is a class D felony and can carry a sentence from one to seven years in prison as well as various fines or other penalties. A person commits burglary when he or she knowingly enters a building with the intent to commit a crime or remains unlawfully in a building with the intent to commit a crime. Though the person charged may be caught before actually committing an additional crime, all the law requires is that there isintent
to commit a crime once they enter, not that the intended crime is actually complete or even in progress.

Burglary in the Second Degree

Second Degree Burglary is a class C felony, and is similar in many ways to third degree burglary. Not only must the person charged knowingly enter or remain unlawfully in a building with the intent to commit a crime, there are other factors that will move a charge up the tier to second degree burglary. If the building entered is a dwelling, an individual will be charged with second degree burglary. The charge may also be upgraded if the person enters any other type of building with a deadly weapon or explosives, threatens or uses a dangerous instrument, displays what appears to be a gun or firearm, or causes physical injury to someone who is not helping to commit the crime. This charge carries a potential penalty of one to twenty-five years in prison.

Burglary in the First Degree

First degree burglary builds on the elements of the lower tiers. If someone has entered or remained unlawfully in a dwelling with the intent to commit a crime, the charge may be upgraded to first degree burglary if other factors may have occurred: if the person charged is armed with a deadly weapon, threatens or actually uses a dangerous instrument, displaying a gun or other firearm, or causes physical injury to anyone who is not a participant in the crime. This class B felony carries a potential sentence of one to twenty-five years in prison.

What about Trespass?

Closely related to burglary is the crime of trespass. Broadly, this is the act of knowingly entering or remaining unlawfully upon premises. Like burglary, this crime has multiple tiers.

Criminal Trespass in the Third Degree

Third degree trespass requires knowingly entering or remaining unlawfully in a building or other real property where the property is fenced in, serves as a school or children’s overnight camp so you should take help a criminal lawyer because this is a public housing project, or is a railroad yard. This is a class B misdemeanor and carries a penalty of up to 90 days in jail.

Criminal Trespass in the Second Degree

Second degree criminal trespass occurs when the person entering or remaining unlawfully in a dwelling where they are required to maintain registration under Article 6(c) of the Correction Law and are a level two or level three offender. This class A misdemeanor carries a potential sentence of one yer in prison.

Criminal Trespass in the First Degree

A person may be charged with criminal trespass for entering or remaining unlawfully in a building and possessing an explosive or deadly weapon, knowing a participant in the trespass possesses an explosive or deadly weapon, possesses a firearm, rifle or shotgun and has access to ammunition for that weapon, or knows that another participant possesses such a weapon and has the ammunition for that weapon. This crime could lead to one to seven years in prison.

What are the Tiers? (First, Second and Third Degree Robbery)

Just like burglary, the statutes for robbery are also tiered according to their severity. Though all of these crimes are considered felonies, the potential penalty could be a longer time in prison or a greater fine depending upon the tier of the crime.