Burglary Attorney

Burglary Defense Attorney in Suffolk County, New York

Being charged with burglary in Suffolk County is an extremely serious matter that can result in lengthy prison sentences, substantial fines, permanent violent felony convictions, and consequences that destroy your freedom, career, and future. Burglary is classified as a violent felony in New York even when no one is injured, and convictions carry mandatory minimum prison sentences with no possibility of probation in many cases. Whether you’re accused of breaking into a home, entering a business unlawfully, or being present in a building with alleged criminal intent, you need an experienced attorney who understands New York’s complex burglary laws and knows how to mount an aggressive defense. Attorney Michael Brown is Suffolk County’s most experienced burglary defense lawyer, with a proven track record of successfully defending clients against all degrees of burglary charges.

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Understanding Burglary Under New York Law

Burglary is defined under Article 140 of the New York Penal Law. Unlike common misconceptions, burglary does not require breaking and entering, forced entry, or stealing property. Instead, New York Penal Law § 140.20 defines burglary as knowingly entering or remaining unlawfully in a building with intent to commit a crime therein.

The critical elements of burglary are:

Unlawful entry or remaining: You entered or stayed in a building without authorization
Intent to commit a crime: You intended to commit a crime inside the building
Knowledge: You knew your entry or presence was unlawful

The crime you intended to commit inside doesn’t have to be theft—it can be any crime including assault, vandalism, or other offenses. Additionally, burglary charges can apply even if you never actually committed the intended crime; the intent at the time of entry is sufficient.

All burglary charges in New York are felonies, and most are violent felonies carrying severe mandatory minimum sentences.

Burglary in the Third Degree

Burglary in the Third Degree, under New York Penal Law § 140.20, is a Class D felony. A person is guilty of burglary in the third degree when they knowingly enter or remain unlawfully in a building with intent to commit a crime therein.

This is the basic burglary charge and applies to unlawful entry into any building—residential, commercial, or otherwise—with intent to commit any crime inside.

Common scenarios include:

Entering stores or businesses after hours with intent to steal
Breaking into storage units or garages
Entering vacant buildings with criminal intent
Trespassing in buildings intending to commit vandalism or other crimes
Entering businesses through unlocked doors with intent to commit crimes

Penalties for Burglary in the Third Degree:

Prison Time: 2 to 7 years in state prison
No Probation: Third-degree burglary is a violent felony, making probation unavailable for first-time offenders in most circumstances
Fines: Up to $5,000 plus surcharges
Restitution: Payment for stolen property or damage
Permanent Violent Felony Record: A violent felony conviction affecting employment, housing, civil rights, and future sentencing
Immigration Consequences: High likelihood of deportation for non-citizens

Burglary in the Second Degree

Burglary in the Second Degree, under New York Penal Law § 140.25, is a Class C violent felony. A person is guilty of burglary in the second degree when they knowingly enter or remain unlawfully in a building with intent to commit a crime therein, and when:

The Building is a Dwelling: The building is a dwelling. A “dwelling” means a building which is usually occupied by a person lodging therein at night.

Injury to Non-Participant: In the course of committing the crime or of immediate flight therefrom, the defendant or another participant in the crime causes physical injury to any person who is not a participant in the crime.

Armed with Explosives or Deadly Weapon: The defendant is armed with explosives or a deadly weapon.

Uses or Threatens Use of Dangerous Instrument: The defendant uses or threatens the immediate use of a dangerous instrument.

Displays What Appears to Be a Firearm: The defendant displays what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm.

The dwelling provision makes residential burglaries automatically second-degree, reflecting the law’s heightened concern for home invasions and the security of people’s residences.

Penalties for Burglary in the Second Degree:

Mandatory Prison Time: 3.5 to 15 years in state prison
Mandatory Minimum: Typically 3.5 years minimum, with no probation available
Violent Felony Classification: Serious violent felony designation
Substantial Fines: Up to $5,000
Restitution: Payment to victims
Permanent Serious Violent Felony Record: Devastating lifetime consequences
Immigration Consequences: Nearly certain deportation for non-citizens

Burglary in the First Degree

Burglary in the First Degree, under New York Penal Law § 140.30, is a Class B violent felony—one of the most serious crimes in New York. A person is guilty of burglary in the first degree when they knowingly enter or remain unlawfully in a dwelling with intent to commit a crime therein and when, in the course of committing the crime or of immediate flight therefrom, they or another participant in the crime:

Cause Physical Injury: Cause physical injury to any person who is not a participant in the crime.

Armed with Explosives or Deadly Weapon: Are armed with explosives or a deadly weapon.

Use or Threaten Use of Dangerous Instrument: Use or threaten the immediate use of a dangerous instrument.

Display What Appears to Be a Firearm: Display what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm.

First-degree burglary involves the most serious home invasion scenarios where dwellings are burglarized and weapons are involved or injuries occur.

Penalties for Burglary in the First Degree:

Mandatory Prison Time: 5 to 25 years in state prison
Substantial Mandatory Minimum: Significant required prison time
Violent Felony Classification: Class B violent felony—most serious designation
Massive Fines: Up to $5,000
Permanent Serious Violent Felony Record: Life-destroying conviction
Immigration Consequences: Certain deportation for non-citizens with no relief

Possession of Burglar’s Tools

New York Penal Law § 140.35 criminalizes Possession of Burglar’s Tools, a Class A misdemeanor. A person is guilty when they possess any tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating burglaries or other forcible entries with intent to use or knowledge that someone intends to use the same in committing burglary.

Common “burglar’s tools” include:

Lock picks or lock-picking sets
Crowbars or pry bars
Glass cutters
Drills or cutting tools
Slim jims or vehicle entry tools

Penalties:

Jail Time: Up to one year
Fines: Up to $1,000
Criminal Record: Misdemeanor conviction

The Distinction Between Burglary and Other Crimes

Burglary vs. Trespass

Trespass (Article 140) involves unlawfully entering or remaining on property without criminal intent beyond the unauthorized entry itself. Burglary requires intent to commit a crime inside. If you enter a building just to sleep, explore, or trespass without intending to commit crimes, you can only be charged with trespass. The intent to commit a crime inside elevates trespass to burglary.

Burglary vs. Larceny

Larceny (Article 155) is theft—wrongfully taking property. Burglary is unlawful entry with intent to commit a crime (which may include theft). You can be convicted of both burglary and larceny: burglary for the unlawful entry with intent to steal, and larceny for actually stealing property.

Burglary vs. Robbery

Robbery (Article 160) involves forcibly stealing property from a person. Burglary involves unlawful entry into buildings. If you break into a home and forcibly take property from occupants, you could be charged with both burglary and robbery.

Common Burglary Scenarios

Residential Burglaries

Home burglaries are always at least second-degree and include:

Breaking into homes when occupants are away
Entering residences through unlocked doors or windows
Home invasions when occupants are present
Breaking into apartments or condominiums

Commercial Burglaries

Business burglaries (third-degree) include:

Breaking into stores after hours
Entering restaurants or offices to steal
Breaking into warehouses or storage facilities
Entering businesses through roofs, windows, or forced doors

Vehicle-Related Burglaries

While stealing cars is typically unauthorized use of a vehicle, breaking into vehicles can sometimes constitute burglary if vehicles meet the “building” definition in certain circumstances.

Burglary During Other Crimes

Burglary charges often accompany:

Larceny charges for property stolen
Criminal mischief for property damage during entry
Assault charges if occupants are harmed
Weapons possession charges

Long-Term Consequences of Burglary Convictions

Mandatory Prison Time and Violent Felony Status

Burglary convictions carry mandatory prison sentences with no probation available for most offenders. The violent felony classification means:

Mandatory minimum sentences must be served
No early release programs
Enhanced sentencing for any future felonies
Lifetime designation as violent felon

Employment Destruction

Burglary convictions permanently devastate employment:

Employers automatically disqualify violent felons
Background checks reveal violent felony convictions
Most industries refuse to hire individuals with burglary convictions
Career opportunities are essentially eliminated
Professional licenses are permanently unavailable

Housing Impossibility

Finding housing with burglary convictions is extremely difficult:

Landlords refuse to rent to violent felons
Public housing excludes burglary offenders
Property owners fear individuals convicted of breaking into buildings
Many communities have restrictions against housing violent offenders

Immigration Catastrophe

For non-citizens, burglary convictions are immigration disasters:

Burglary is an “aggravated felony” under immigration law
Aggravated felonies trigger mandatory deportation with no relief
Legal permanent residents with decades of residence face removal
Re-entry is permanently barred
No waivers or exceptions available

Loss of Civil Rights

Burglary felony convictions result in:

Loss of voting rights while incarcerated
Permanent firearm possession prohibition
Ineligibility for jury service
Disqualification from public office
Loss of various civil liberties

Social Stigma

Burglary convictions carry severe stigma:

Violent felony designation suggests dangerousness
Communities fear and shun burglars
Personal relationships are destroyed
Social isolation
Permanent public records

Common Defenses to Burglary Charges

As Suffolk County’s most experienced burglary defense attorney, Michael Brown employs sophisticated defense strategies:

Lack of Intent to Commit a Crime

Burglary requires intent to commit a crime inside the building. Attorney Brown demonstrates:

You had no intent to commit crimes inside
Entry was for innocent purposes
You intended only to trespass, not commit crimes
Prosecution cannot prove criminal intent beyond reasonable doubt

Intent is the critical element distinguishing burglary from trespass.

Authorization and Permission

If you had permission to enter, there’s no unlawful entry. Attorney Brown establishes:

You had authorization to be in the building
Owners or authorized persons gave permission
You reasonably believed you had permission
Entry was lawful

Mistaken Identity

Attorney Brown challenges:

Whether you were actually at the scene
Reliability of witness identifications
Quality of surveillance evidence
Alibi evidence placing you elsewhere

Lack of Knowledge

Burglary requires knowing your entry was unlawful. Attorney Brown shows:

You didn’t know entry was unauthorized
You believed you had permission
Circumstances suggested entry was lawful

Challenging the “Building” Element

Attorney Brown examines whether:

The structure meets the legal definition of “building”
The location qualifies as a dwelling
Technical elements of burglary are satisfied

Insufficient Evidence

Attorney Brown demonstrates:

Evidence is insufficient to prove guilt beyond reasonable doubt
Prosecution cannot prove you entered the building
Intent cannot be established
Reasonable doubt exists

Constitutional Violations

Attorney Brown challenges:

Whether searches were lawful
Whether arrests had probable cause
Whether statements were obtained properly
Whether evidence should be suppressed

Negotiating Reduced Charges

Even in difficult cases, Attorney Brown’s experience often results in:

Reduction from burglary to trespass (eliminating violent felony)
Reduction from higher to lower degrees of burglary
Reduction of accompanying charges
Plea agreements minimizing prison exposure
Alternative sentencing when possible

Five Reasons Attorney Michael Brown Is Your Best Choice

Unmatched Experience in Burglary Defense: As Suffolk County’s most experienced burglary defense attorney, Michael Brown has successfully defended hundreds of clients against burglary charges ranging from third-degree commercial burglaries to first-degree home invasions involving weapons and injuries. His extensive experience with every type of burglary case provides clients with sophisticated defense strategies that can mean the difference between decades in prison and freedom.
Expertise in Intent Defenses: Burglary cases hinge on proving intent to commit crimes inside buildings—the element that distinguishes burglary from trespass. Attorney Brown has exceptional expertise presenting intent defenses, demonstrating lack of criminal intent, proving defendants entered for innocent purposes, and establishing that prosecution cannot prove intent beyond reasonable doubt. His mastery of intent defenses has resulted in numerous dismissals and reductions to non-violent charges.
Strategic Approach to Violent Felony Consequences: Burglary’s violent felony classification carries mandatory minimum sentences and eliminates probation options, making defense strategy critical. Attorney Brown understands the devastating consequences of violent felony convictions and structures defenses specifically to avoid them, negotiates reductions to non-violent charges when possible, fights for the lowest possible sentences when convictions cannot be avoided, and protects clients from the lifetime consequences of violent felony status.
Comprehensive Multi-Charge Defense: Burglary prosecutions almost always involve multiple charges including larceny, criminal mischief, weapons possession, assault, and others. Attorney Brown provides comprehensive defense addressing all charges, understands how different charges interact, and develops coordinated strategies that protect clients’ overall interests rather than focusing on individual charges in isolation.
Trial-Tested Excellence in High-Stakes Cases: Burglary cases often go to trial because mandatory minimum sentences eliminate incentives to plead guilty. Attorney Brown is an accomplished trial attorney who has secured numerous not-guilty verdicts in burglary trials. His courtroom experience, cross-examination skills, and ability to create reasonable doubt make him the attorney you need if your case goes to trial.

What to Do If You’re Charged with Burglary

Immediately Exercise Your Right to Remain Silent: Do not explain to police why you were in the building or what you intended. State: “I want to speak with my attorney and I am exercising my right to remain silent.”

Request an Attorney Immediately: Clearly invoke your right to counsel.

Do Not Consent to Searches: Refuse consent to searches of your person, vehicle, home, or phone.

Preserve Evidence: If you have evidence supporting innocent intent or authorization, preserve it and provide it only to your attorney.

Document Your Recollection: Write down everything about why you entered the building, whether you had permission, and what you intended.

Contact Attorney Michael Brown Immediately: Burglary charges are among the most serious in New York’s criminal code, carrying mandatory prison sentences and violent felony designations. Every hour without experienced representation can harm your case. Attorney Brown needs to begin immediately investigating circumstances, challenging intent allegations, and developing your defense strategy.

Your Freedom and Future Are at Stake

Burglary charges threaten decades of your life in prison, permanent violent felony records, and the complete destruction of your future. But burglary charges are defensible. Intent elements create significant defense opportunities. Many cases involve trespass mischaracterized as burglary, or situations where defendants had authorization or innocent purposes for being present.

You need Suffolk County’s most experienced burglary defense lawyer—someone who has successfully defended hundreds of burglary cases, who understands intent defenses, who can negotiate reductions to non-violent charges, who has proven trial success, and who will fight with every ounce of skill and determination to protect your freedom and your future.

Contact Attorney Michael Brown today for a confidential consultation about your burglary case. Time is critical. Burglary charges carry mandatory prison sentences and violent felony consequences that will follow you for life. Don’t let burglary charges destroy your freedom and future. Let Suffolk County’s most experienced burglary defense attorney put his expertise and experience to work protecting you and fighting for the best possible outcome in your case.