PL 140.25 · Article 140
Burglary in the Second Degree
This offense requires knowing unlawful entry or remaining in a building with intent to commit a crime inside, plus an additional statutory circumstance. That circumstance may be that the building is a dwelling, or that the person accused or another participant engages in one of the listed weapon-related or injury-related acts during entry, presence inside, or immediate flight; these routes are alternatives.
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Text us immediately · (845) 290-2492Definition under New York law
PL 140.25 · Original statutory wording; excerpts must be read together with the full section.
§ 140.25 Burglary in the second degree. A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: 1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: (a) Is armed with explosives or a deadly weapon; or (b) Causes physical injury to any person who is not a participant in the crime; or (c) Uses or threatens the immediate use of a dangerous instrument; or (d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 2. The building is a dwelling. Burglary in the second degree is a class C felony.Read the full section at the New York State SenateIn everyday language
This offense requires knowing unlawful entry or remaining in a building with intent to commit a crime inside, plus an additional statutory circumstance. That circumstance may be that the building is a dwelling, or that the person accused or another participant engages in one of the listed weapon-related or injury-related acts during entry, presence inside, or immediate flight; these routes are alternatives.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove every required element of the applicable route beyond a reasonable doubt.
- The person accused knowingly entered or remained unlawfully in a building with intent to commit a crime inside. Entry and remaining are alternatives.
- An additional circumstance must be established: either the building was a dwelling, or the person accused or another participant met at least one of the following conditions while effecting entry, while inside, or in immediate flight.
- The conduct conditions are being armed with explosives or a deadly weapon; causing physical injury to a nonparticipant; using or threatening immediate use of a dangerous instrument; or displaying what appeared to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm.
- The dwelling route and the conduct route are alternatives, not cumulative requirements; the listed conduct conditions are also alternatives.
Defenses that commonly apply
- What evidence establishes knowing unlawful entry or remaining and intent to commit a crime inside?
- If the charge relies on the dwelling route, what evidence establishes that the building was a dwelling?
- If the charge relies on a conduct condition, what evidence establishes the qualifying act, its timing, and its attribution to the person accused or another participant, including nonparticipant status for any injured person?
Penalties and collateral consequences
A Class C Felony carries a maximum sentence of up to 15 years and a fine of up to $5,000.
Common questions about your defense
Can second-degree burglary be challenged if no weapon or injury was involved?
The absence of a weapon or injury does not by itself defeat this charge because a dwelling is an independent alternative. If the building was not a dwelling, a lawyer could investigate whether any listed conduct condition occurred during the required period and involved the person accused or another participant. The prosecutor must still prove the applicable alternative and the underlying knowing unlawful entry or remaining with criminal intent beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 140.20 · Class D Felony
PL 140.30 · Class B Felony
PL 140.10 · Class B Misdemeanor
PL 140.15 · Class A Misdemeanor
PL 140.17 · Class D Felony
PL 140.05 · Violation
PL 140.35 · Class A Misdemeanor