Available 24/7 Being Unlawfully in a Building with Intent to Commit a Crime
What Is Burglary in the Third Degree?
There are two key elements that constitute third-degree burglary. First, the perpetrator needs to enter or remain in a building where they do not have permission to be. And second, they must intend to commit a crime while in the building. The intent to commit a crime is a crucial element of burglary, because that is what distinguishes this charge from criminal trespass.
When the Charge of Burglary in the Third Degree Applies
Even though third-degree burglary seems like a straightforward charge, it is important to know a couple things about it. First, the charge only requires the intent to commit a crime in the building where one has entered or remained. You don’t need to have actually committed the crime, or even be in the process when you are apprehended.
Second, New York State law defines “building” very broadly. It has a conventional use, of course, and people are routinely charged for breaking into a store and taking things out of it. For this reason, burglary is often charged in conjunction with a larceny count. But a “building” can also be “any structure, vehicle, or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein.” For example, prosecutors recently charged a man with third-degree burglary for breaking into a plumbing company’s van and stealing tools from inside.
In short, Queens, Nassau, and Suffolk County prosecutors have a lot of discretion to charge burglary in the third degree, so you need an experienced criminal attorney who can effectively defend you against the charge.
NY PENAL § 140.20: Burglary in the Third Degree
New York State penal code says:
A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.
Burglary in the third degree is a class D felony.
What Can Happen to Me if I am Charged with Burglary in the Third Degree?
Although burglary in the third degree is the lowest tier of burglary charges, it is still a class D felony and you should take it very seriously. If convicted, you can be sentenced to up to seven years in prison. In addition, the felony conviction can have major consequences for your ability to find work in the future and it can impact your immigration status.
What Should I Do Next?
If you are charged with burglary in the third degree in Queens, Nassau, or Suffolk County, you need an experienced Long Island criminal defense attorney to represent you in court. Your lawyer will know the best defense strategies and ways to minimize the penalties and adverse impacts on your life. Don’t try to speak for yourself or “clear things up” with police or prosecutors. You have the right to have an attorney represent you, and he will have the experience to secure the best possible outcome on your behalf.
