NY PENAL § 140.20: Burglary in the Third Degree

Call Now To Speak With Me Immediately

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.

Burglary in the Third Degree
Past Client Testimonials

Past Client Testimonials

I was falsely accused of grand larceny. For someone who has never been arrested, I was in shock. I complied with the police because I respect the law and assumed they would recognize the accuser’s lie and let me go. Little did I realize the criminal justice system treats you as guilty, until proven innocent. The opposite of what I thought. Scott walked me through the painful process of proving my innocence. His knowledge of the law and empathy towards me, helped me survive the process and get a full dismissal. I unequivocally recommend Scott as your defense attorney. Thank you Scott!

Anonymous

Scott Limmer helped me through a difficult very situation. He was professional and guided me through the entire process with clarity and honest guidance. Most importantly, he had my trust through everything. He was responsive to any questions I had, and always returned my calls or emails. I never doubted that he undeniably had my best interests at heart. Thank you again Scott and I will most definitely recommend you to anyone that is in trouble and needs help.

Anonymous

I was charged with Criminal Possession of a Forged Instrument and my confidant charged with unregistered vehicle and other traffic summons. I called Scott Limmer the next day, he was straight forward, and well versed about the charge we were hit with. Mr. Limmer was interested and he had our best interest which was to get our cases dismissed. He was willing to go to trial and fight. The cost were given from the start, no hidden fees. Scott Limmer is straight forward, a fighter, accommodating, articulate, caring, knowledgeable and he will have your best interest genuinely. Which is rare these days. He always tell me if anything in the future comes up, in which my case may be brought up against me, he said call him. That's a good lawyer right there!

Anonymous

Mr. Limmer is a total professional. He truly cares about his clients. Mr. Limmer helped my son out of a tough situation. He guided my son with complete honesty. He is very responsive and knowledgeable. He spoke to us in layman’s terms and prepared us for what to expect before each appearance. His efficiency allowed us to feel confident that his experience would help get us the best possible outcome. During a very difficult time for my family, we found ourselves in need of a criminal defense attorney and after much research and many phone calls, we felt confident that Mr. Limmer was the right choice. His fees are very reasonable and there are no hidden charges.We highly recommend Mr. Limmer. He deserves more than 5 stars.

Anonymous

Let me start by saying that I was in deep S..t at one point last year and I was in a breaking point and no where to run. I needed a lawyer more that you know and I searched the web for one and found Scott Limmer. Didn't know much about him and really at that moment didn't care.
He was truthful and straight forward with me. Didn't con me in thinking it will be an easy road but told me we will beat the case in court. He fought with the judge to a point I thought I was in contempt with the judge. lol.. Called the ADA's bluff and we road it out together. He is fair, understanding and as for me, I have his name on speed dial.

Anonymous

Never thought we would need a lawyer. But we did. Found Scott Limmer online when our son got in some trouble. Scott was there for us. My wife and I didn't have a clue how the system worked. Scott was helpful in every way. At times my son wasn't the easiest client. Scott was there for us. He made us understand what and why things are going to happen.

Anonymous

I found Scott when I was in a very tough spot. I had been charged with two serious felony level crimes. I met with a handful of attorneys and Scott's reviews and presence both online and in person impressed me, so I hired him.
I am so thankful I made that decision. Scott was consistently friendly,  professional, and easily accessible. His fees were very reasonable, especially considering the level of service he provided. Most importantly to me, Scott made sure that the Judge and a zealous DA's office saw that the charges were not at all what they were chalked up to be. In the end, there was no jail time, no probation, no criminal record and no fines or community service.
If you are being criminally charged, I couldn't recommend hiring Scott more strongly. He delivered when I needed it and I am forever grateful.

Anonymous

I am grateful for everything that Scott has done for me. If you are looking for a lawyer look no further.  Scott went above and beyond for me, he did everything in his power to help me.  And because of him I have my life back and it's intact. I was innocent from the beginning but if I did not have Scott, I do not think I would have won. He is one of the smartest people I have ever met. He thinks 10 to 20 steps ahead in any scenario. There isn't one thing bad I have to say about this man. To all those out there who need representation, Scott is your guy. The one thing that means more than anything to me is that he ACTUALLY cares. Not many people are like that anymore, and he is amazing. He cared about me when he didn't have to, he just had a job to do. To have a lawyer who actually cares about their client and doesn't see them as their next pay check, pick Scott. I cannot stress how amazing of a lawyer and person he is, he will fight tooth and nail for you.

Anonymous

I reached out to Scott after a police officer contacted my employer.  I was worried that my case could have a negative affect on my employment situation and freedom. Scott kept my mind at ease and ensured we would not plea guilty and rightfully so. By the end of my case, I was not convicted with any crimes. I could not have asked for a better lawyer experience.
From first contact, Scott was approachable, very responsive and engaged, professional, and compassionate. He took time to talk through every concern and explained the process thoroughly, gave best and worst case scenarios and didn’t not over promise. In fact he under-promised and over-delivered. My family will forever be thankful we choose Scott to represent us. He is a down to earth, smart, highly capable professional.

Anonymous

I hired Scott Limmer to defend my son who had gotten into trouble in school and with the law. From our first meeting to our last, and there were many in between, not only was Scott extremely knowledgable in both aspects, but he always kept us informed about what was going on, and answered my phone calls any time of the day to put my mind at ease. Scott went above and beyond for our son to make sure that he would get the best outcome possible and that outcome was better than we had ever expected. He is very compassionate about his work and it shows in everything he does. I truly believe that if I hadn't hired Scott as my lawyer, my son would not have been given the fresh start that he now has.

Anonymous