PL 140.20 · Article 140
Burglary in the Third Degree
Burglary 3rd degree NY (third degree burglary in New York) requires knowingly entering or remaining unlawfully in a building with intent to commit a crime inside. Entry and remaining are alternative routes, unlawful presence alone does not establish the required criminal intent, and the possible burglary 3rd degree NY sentence is shown below; a New York burglary lawyer can review the permission and intent questions early.
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Text us immediately · (845) 290-2492Definition under New York law
PL 140.20 · Original statutory wording; excerpts must be read together with the full section.
§ 140.20 Burglary in the third degree. 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.Read the full section at the New York State SenateIn everyday language
Burglary 3rd degree NY (third degree burglary in New York) requires knowingly entering or remaining unlawfully in a building with intent to commit a crime inside. Entry and remaining are alternative routes, unlawful presence alone does not establish the required criminal intent, and the possible burglary 3rd degree NY sentence is shown below; a New York burglary lawyer can review the permission and intent questions early.
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 beyond a reasonable doubt.
- The person accused knowingly entered unlawfully or knowingly remained unlawfully in a building. Entry and remaining are alternatives, not cumulative requirements.
- The person accused had the intent to commit a crime inside the building in connection with that unlawful entry or remaining.
Defenses that commonly apply
- Did the person accused have permission or other lawful authority to enter or remain?
- What evidence shows that the person accused knew the entry or remaining was unlawful?
- What evidence establishes an intent to commit a crime inside during the relevant entry or remaining?
Penalties and collateral consequences
A Class D Felony carries a maximum sentence of up to 7 years and a fine of up to $5,000.
Common questions about your defense
Does entering without permission automatically establish third-degree burglary?
No: the prosecutor must also prove intent to commit a crime inside the building beyond a reasonable doubt. Evidence of permission, lack of knowledge that the presence was unlawful, or absence of the required criminal intent may challenge the charge. Because unlawful entry and unlawful remaining are alternatives, permission to enter does not by itself resolve whether a later remaining was unlawful.
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 165.54 · Class B Felony
PL 140.25 · Class C Felony
PL 140.10 · Class B Misdemeanor
PL 140.30 · Class B Felony
PL 140.15 · Class A Misdemeanor
PL 140.17 · Class D Felony
PL 140.05 · Violation
PL 140.35 · Class A Misdemeanor
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