New York Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in New York: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in New York, consult a licensed New York criminal defense attorney.

New York Burglary Penalties

OffensePenalty
First OffenseClass D felony (3rd degree): up to 7 years prison
Second OffenseClass B felony (1st degree): up to 25 years prison

NY Penal Law §140.20; 1st degree involves dwelling at night or weapon/injury

Burglary Statute of Limitations in New York

In New York, the statute of limitations for theft and property crimes is generally 5 years.

See all New York statutes of limitations →

Defending Against Burglary Charges in New York

Common defenses in New York burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a New York criminal defense attorney for advice.

Related New York Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication