New York Penal Law § 140.35 – Possession of Burglar’s Tools

Possession of Burglar’s Tools is a crime that prohibits the possession of certain tools or instruments that are commonly used to commit burglaries when the person possessing the object intends to use it to commit a burglary. Possession of Burglar’s Tools is a Class A misdemeanor.

Before a judge or jury can convict anyone of Possession of Burglar’s Tools, the government must prove each element of the offense beyond a reasonable doubt. The elements of Possession of Burglar’s Tools are:

• The defendant possessed an object;
• The object was a “tool, instrument or other article adapted, designed or commonly used for committing or facilitating” a burglary, larceny, or theft of services;
• The defendant possessed the object under circumstances showing their intent to use it to gain forcible entry or commit a theft crime.

Examples of Possession of Burglar’s Tools under NY Penal Law § 140.35 include the following:

• A defendant is found with a crowbar after he’s seen peering into the window of a private home at night;
• A defendant is stopped by police, and upon searching his backpack, police find a ski mask, a set of lock picks, a roll of duct tape and zip ties; and
• A defendant is stopped by loss prevention officers as he was attempting to pry open a vent to gain access to the building after hours.

Often, prosecutors bring Possession of Burglar’s Tools charges along with one or more of the following:

• Burglary in the Third Degree – NY Penal Law § 140.20
• Burglary in the Second Degree – NY Penal Law § 140.25
• Burglary in the First Degree – NY Penal Law § 140.30
• Criminal Trespass in the Third Degree – NY Penal Law § 140.10
• Criminal Trespass in the Second Degree – NY Penal Law § 140.15
• Criminal Trespass in the First Degree – NY Penal Law § 140.17
• Trespass – NY Penal Law § 140.05
• Petit Larceny – NY Penal Law § 155.25
• Grand Larceny in the Third Degree – NY Penal Law § 155.35
• Grand Larceny in the Second Degree – NY Penal Law § 155.40
• Grand Larceny in the First Degree – NY Penal Law § 155.42
• Theft of Services – NY Penal Law § 165.15

While it may seem like a possessory offense like Possession of Burglar’s Tools is hard to defend against, there are several defenses to the crime. The most common defenses include the following:

• The object you possessed was not “adapted, designed or commonly used for committing or facilitating” theft crimes;
• Insufficient evidence you intended to use the object to commit a theft crime;
• Law enforcement violated your rights when conducting a search of your person or property; and
• You had a legitimate reason to possess the object.

Possession of Burglar’s Tools is a Class A misdemeanor. In New York, Class A misdemeanors carry a maximum sentence of up to 364 days in jail and a fine of up to $1,000.

If you were recently charged with Possession of Burglar’s Tools or any other burglary-related offense, reach out to the dedicated New York criminal defense attorneys at Tilem & Associates, P.C. as soon as possible. At Tilem & Associates, our burglary defense attorneys have decades of combined experience defending the rights and freedoms of clients charged with forcible entry crimes, including Possession of Burglar’s Tools. 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 contact form.