Burglary in the Second Degree is a crime that provides enhanced penalties for certain burglary offenses, including those involving the burglary of a home and other dwellings. Burglary in the Second Degree is also used to prosecute those who use a weapon or something that appears to be a gun, cause injuries, or make threats during the course of the offense. Burglary in the Second Degree is a Class C felony.
The Elements of Burglary in the Second DegreeBefore a judge or jury can convict anyone of Burglary in the Second Degree, the government must prove each element of the offense beyond a reasonable doubt. The elements of Burglary in the Second Degree are:
Some of the most common examples of Burglary in the Second Degree include the following:
Often, prosecutors bring Burglary in the Second Degree charges along with one or more other crimes. In most situations, prosecutors will at least charge a defendant with burglary and the crime they intended to commit, for example, theft, assault, murder, robbery, or a sex crime.
However, the following offenses are related crimes to the crime of burglary itself:
There are several defenses to Burglary in the Second Degree. A successful defense can either reduce your sentencing exposure, result in the prosecution withdrawing the case against you or raise a reasonable doubt in the jury’s mind. The most common defenses include the following:
It is important to note that prosecutors do not need to successfully prove you committed the underlying offense for you to be convicted of burglary. In other words, you may still be guilty of burglary even if they cannot establish you committed or attempted to a crime while inside, provided there is sufficient evidence you intended to commit a crime while inside the building.
What Are the Penalties for Violating NY Penal Law § 140.25?Burglary in the Second Degree is considered a Class C felony. In New York, all Class C felony offenses are punishable by a maximum sentence of up to 15 years in jail and a fine of up to $15,000.
Discuss Your Case with an Experienced New York Burglary LawyerIf you have been charged with a New York burglary offense, there is a tremendous amount at stake, and you deserve a lawyer who will take your case as seriously as you do. At Tilem & Associates, P.C., our experienced New York criminal defense lawyers have decades of experience defending the rights and freedoms of clients charged with all types of serious property crimes, including Burglary in the Second Degree. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.