Burglary Lawyer Kings County — Defending Against Breaking and Entering Charges
A burglary charge in Kings County (Brooklyn) is a serious felony under New York Penal Law § 140.20-140.30, carrying potential state prison time. As a burglary lawyer Kings County, Law Offices Of SRIS, P.C. provides a strong defense for those accused of breaking and entering. Our firm-wide experience includes 4,739+ documented case results. We offer 24/7 consultations.
New York Burglary Law and Penalties
In New York, burglary is defined as entering or remaining unlawfully in a building with the intent to commit a crime inside. The severity of the charge depends on factors like the type of building entered and whether the defendant was armed or caused injury.
Last verified: April 2026 | Kings County Supreme Court | New York State Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm has the deep legal background needed to handle complex felony cases like burglary. A burglary charge defense lawyer Kings County from our team understands how prosecutors build these cases and can identify weaknesses in the evidence against you.
Official Legal Resources
For the official text of New York burglary statutes, refer to the New York Penal Law Article 140 on the state legislature’s website. Court procedures and local rules for Kings County (Brooklyn) can be found at the Kings County Supreme Court official website.
Handling a Burglary Case in Kings County
Kings County (Brooklyn) Supreme Court Criminal Term handles all felony burglary cases. New York’s bail reform laws mean release conditions for non-violent felony burglary charges are often determined without cash bail. A breaking and entering defense lawyer Kings County can argue for favorable release terms and work toward a resolution that may avoid the most severe penalties, such as seeking a plea to a lesser charge or presenting defenses at trial.
- Initial Arraignment: You will be formally charged and have bail or release conditions set by a judge.
- Grand Jury Indictment: For felony burglary, the prosecution must present evidence to a grand jury to secure an indictment.
- Pre-Trial Motions: Your attorney will file motions to suppress illegally obtained evidence or dismiss charges based on legal defects.
- Plea Negotiations: Your lawyer will negotiate with the District Attorney’s office, seeking a reduction in charges or favorable plea terms.
- Trial: If no plea agreement is reached, your case will proceed to a jury trial where the prosecution must prove guilt beyond a reasonable doubt.
- Sentencing: If convicted, the judge will impose a sentence based on statutory guidelines and case specifics.
Potential Penalties for Burglary in New York
In Kings County, burglary charges range from a Class D felony to a Class B violent felony, with penalties from several years to up to 25 years in state prison.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary in the Third Degree (PEN § 140.20) | Class D Felony | Up to 7 years | Up to $5,000 | Felony record, probation |
| Burglary in the Second Degree (PEN § 140.25) | Class C Violent Felony | 3.5 to 15 years | Up to $5,000 | Violent felony record, strict parole |
| Burglary in the First Degree (PEN § 140.30) | Class B Violent Felony | 5 to 25 years | Up to $5,000 | Most severe violent felony classification |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined attorney experience to every case. Our founding attorney, Mr. Sris, is a former prosecutor who understands both sides of the courtroom. We have a documented record of favorable outcomes in complex criminal cases. For a burglary charge defense lawyer Kings County residents can rely on, our team provides focused, strategic representation aimed at protecting your future.
Case Results and Client Advocacy
SRIS actively practices in Kings County courts. Firm-wide, our attorneys have handled 4,739+ documented case results with over 93% favorable outcomes. While results depend on the specific facts of each case, this history demonstrates our commitment to vigorous client advocacy. A burglary lawyer Kings County from our firm will work to challenge the prosecution’s evidence on intent, unlawful entry, and identification.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense Representation in Kings County
Law Offices Of SRIS, P.C. — New York
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Our New York location represents clients facing charges in Kings County (Brooklyn) courts, including the Kings County Supreme Court at 360 Adams Street. We serve clients from neighborhoods across Brooklyn, including Downtown, Williamsburg, Park Slope, DUMBO, Brooklyn Heights, Bushwick, Crown Heights, Flatbush, Bay Ridge, Bed-Stuy, Bensonhurst, Coney Island, Brownsville, and Sunset Park. For a burglary lawyer near Kings County, contact us for a 24/7 phone consultation. Meetings are held by appointment only.
Burglary Defense FAQs for Kings County
What is the difference between burglary and criminal trespass in New York?
Yes, there is a key difference. Burglary requires the intent to commit a crime inside the building at the time of unlawful entry. Criminal trespass only involves unlawfully entering or remaining, without proof of that specific criminal intent. The presence of intent is what elevates the charge to a felony.
Can I be charged with burglary if nothing was stolen?
Yes. The crime of burglary is complete upon unlawful entry with the intent to commit any crime inside, such as assault, vandalism, or theft. The prosecution does not need to prove you actually stole something, only that you intended to commit a crime when you entered.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for a non-criminal purpose), mistaken identity, lack of unlawful entry (you had permission to be there), and suppression of evidence obtained through an illegal search or seizure. A burglary lawyer Kings County can evaluate which defenses apply to your case.
Does New York have cash bail for burglary charges?
It depends on the degree. Under New York’s 2020 bail reform, most burglary in the third degree (Class D felony) charges are eligible for release without cash bail. However, burglary in the first or second degree (violent felonies) are “qualifying offenses” where judges may still set cash bail or other secure conditions.
What should I do if I am arrested for burglary?
Politely invoke your right to remain silent and your right to an attorney. Do not discuss the case with anyone until you have spoken with your lawyer. Contact a burglary charge defense lawyer Kings County as soon as possible to begin building your defense.
Internal Resources: For more on our criminal defense practice, see our New York criminal lawyer hub page. We also assist with related charges in nearby areas; learn about our work as a criminal defense lawyer in New York County (Manhattan). If you are facing other legal issues in Kings County, consider our family law lawyers in Kings County.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal guidance regarding your burglary case.