PL 140.35 · Article 140
Possession of Burglar's Tools
The statute requires possession of a qualifying article under circumstances showing intent to use it, or knowledge that someone intends to use it, for a specified kind of offense. It covers forcible-entry offenses, larceny by physical taking, and the specified theft-of-services offenses, rather than merely possession of an ordinary tool.
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Text us immediately · (845) 290-2492Definition under New York law
PL 140.35 · Original statutory wording; excerpts must be read together with the full section.
§ 140.35 Possession of burglar's tools.
A person is guilty of possession of burglar's tools when he possesses
any tool, instrument or other article adapted, designed or commonly used
for committing or facilitating offenses involving forcible entry into
premises, or offenses involving larceny by a physical taking, or
offenses involving theft of services as defined in subdivisions four,
five and six of section 165.15, under circumstances evincing an intent
to use or knowledge that some person intends to use the same in the
commission of an offense of such character.
Possession of burglar's tools is a class A misdemeanor.Read the full section at the New York State SenateIn everyday language
The statute requires possession of a qualifying article under circumstances showing intent to use it, or knowledge that someone intends to use it, for a specified kind of offense. It covers forcible-entry offenses, larceny by physical taking, and the specified theft-of-services offenses, rather than merely possession of an ordinary tool.
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 prosecution must prove the required elements beyond a reasonable doubt.
- The person accused possessed a tool, instrument or other article adapted, designed or commonly used to commit or facilitate a qualifying offense; adapted, designed and commonly used are alternatives, not cumulative requirements.
- The qualifying offenses are alternatives, not cumulative: offenses involving forcible entry into premises; offenses involving larceny by physical taking; or theft-of-services offenses defined in subdivisions four, five and six of section 165.15. Larceny retains its statutory meaning and is not merely possession of property.
- The circumstances showed either intent to use the article to commit an offense of that character or knowledge that some person intended such use. Intent and knowledge are alternatives, not cumulative requirements.
Defenses that commonly apply
- What evidence connects the person accused to possession of the article?
- Was the article adapted, designed or commonly used for one of the specified categories of offenses?
- Do the surrounding circumstances show a lawful purpose rather than intent to use the article unlawfully or knowledge of someone else’s intended qualifying use?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000.
Common questions about your defense
Can a lawful reason for carrying tools help challenge this charge?
A lawful purpose may be relevant because possession of a tool alone does not satisfy the statute. The prosecution must establish a qualifying article and circumstances showing intent to use it for a specified offense or knowledge that someone intends that use. Evidence supporting a lawful purpose or disputing that intent or knowledge may support a defense, while the prosecution retains the burden of proof 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 140.05 · Violation
PL 145.00 · Class A Misdemeanor
PL 140.20 · Class D Felony
PL 140.25 · Class C 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
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