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Burglary

Charges & Offenses
Pending Legal ReviewNew York · 2026-06-11

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Plain-English Meaning

Unlawfully entering a building with the intent to commit a crime inside. You do not have to actually commit the crime — the intent alone, combined with unlawful entry, completes the offense. Burglary is always a felony in New York.

Legal Context

N.Y. Penal Law §§ 140.20–140.30 define burglary in three degrees. Burglary in the Third Degree (§ 140.20, D felony) is knowingly entering or remaining unlawfully in a building with intent to commit a crime inside. Burglary in the Second Degree (§ 140.25, C felony) involves a dwelling, or injury to a non-participant, or a weapon. Burglary in the First Degree (§ 140.30, B felony) involves a dwelling plus a weapon or injury.

Real-Life Example

Robert broke into a closed hardware store at night intending to steal tools. Even though the alarm scared him off before he took anything, he was charged with Burglary in the Third Degree — because he entered unlawfully with the intent to commit larceny inside.

Related Statutes

N.Y. Penal Law §§ 140.20–140.30

Related Terms

TrespassLarcenyRobberyDwellingFelony

Source

Based on N.Y. Penal Law §§ 140.20–140.30. Original B-Legal plain-language explanation.

N.Y. Penal Law §§ 140.20–140.30

burglarybreaking and enteringfelonydwellingproperty crime
Legal Information Only — Not Legal Advice. The content provided by B-Legal is general legal information sourced from publicly available NYC and NYS law. It is not legal advice and does not create an attorney-client relationship. Laws change frequently. Always consult a licensed attorney before taking any legal action. A lawyer must confirm representation.

Definitions are simplified for education. Legal meanings vary by jurisdiction, context, and case facts. This definition is original B-Legal content and is not affiliated with or derived from any proprietary legal dictionary.