Burglary Lawyer Monroe County — What Are Your Defense Options?
Burglary in Monroe County is a serious felony under New York Penal Law § 140.20-140.30, with penalties ranging from probation to 25 years in prison. A burglary lawyer Monroe County from Law Offices Of SRIS, P.C. can challenge the prosecution’s evidence, argue for reduced charges, or seek an Adjournment in Contemplation of Dismissal (ACD) for eligible first offenses.
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 the circumstances, such as whether the building is a dwelling, whether it is nighttime, and whether anyone is present or injured. The statutes are found in the New York Penal Law (PEN).
Last verified: April 2026 | Monroe County Criminal Court | New York State Legislature
Official Legal Resources
- New York Penal Law (PEN) (official New York State Senate)
- Monroe County Courts (official New York Courts website)
Defending Burglary Charges in Monroe County
In Monroe County, prosecutors must prove you entered a building unlawfully and had the intent to commit a crime at the time of entry. A common defense is challenging the “intent” element—arguing you had permission to enter or had no plan to commit a crime. For first-time offenders, an Adjournment in Contemplation of Dismissal (ACD) may be available, where charges are dismissed after a period of good behavior.
- Initial Consultation: Discuss the details of your arrest and charges with a burglary charge defense lawyer Monroe County.
- Evidence Review: Your attorney will obtain police reports, witness statements, and any surveillance footage to identify weaknesses.
- Motion Practice: File motions to suppress evidence obtained illegally or to dismiss charges if the prosecution’s case is insufficient.
- Negotiation or Trial: Work toward a favorable plea deal, such as a reduction to criminal trespass, or prepare for trial if necessary.
Potential Penalties for Burglary in New York
In Monroe County, burglary charges carry severe penalties, from a Class E felony up to a Class B violent felony, with prison sentences ranging from 1.5 to 25 years.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary 3rd Degree (PEN § 140.20) | Class D Felony | Up to 7 years | Up to $5,000 | Felony record, probation |
| Burglary 2nd Degree (PEN § 140.25) | Class C Violent Felony | 3.5 to 15 years | Up to $5,000 | Violent felony record, post-release supervision |
| Burglary 1st Degree (PEN § 140.30) | Class B Violent Felony | 5 to 25 years | Up to $5,000 | Most severe violent felony record |
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 by former prosecutor Mr. Sris. Our attorneys bring a combined 120+ years of legal experience and a track record of over 4,739 documented case results with a 93%+ favorable outcome rate. We understand the procedures of Monroe County courts and are committed to providing a strong, case-specific defense for every client.
Case Results and Client Advocacy
While specific local results for burglary in Monroe County are not published, our firm-wide record demonstrates our commitment to vigorous defense. We have achieved dismissals, charge reductions, and favorable plea agreements in thousands of criminal cases. A breaking and entering defense lawyer Monroe County from our team will work to protect your rights and future.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Monroe County Burglary Lawyers
Our New York location serves clients throughout Monroe County, including Rochester, Irondequoit, Greece, and Brighton. We are accessible via I-90, I-390, and Route 17/I-86.
Burglary lawyer near Monroe County courts. We serve neighborhoods in Rochester, Irondequoit, Greece, Brighton, Pittsford, Fairport, Henrietta, Webster, Brockport, Penfield, Spencerport, and Gates.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (838)-292-0003 — meetings by appointment only.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
By appointment only.
Burglary Defense FAQs for Monroe County
What is the difference between burglary and criminal trespass in New York?
Yes. Burglary requires unlawful entry with the intent to commit a crime inside. Criminal trespass is simply unlawful entry without that specific criminal intent. A burglary charge defense lawyer Monroe County can argue the evidence does not prove intent, potentially reducing the charge to trespass.
Can I get an ACD for a burglary charge in Monroe County?
It depends. Adjournment in Contemplation of Dismissal (ACD) is typically for first-time, non-violent offenses. While less common for burglary, it may be possible for a third-degree charge with no criminal history and mitigating circumstances. Your attorney would need to negotiate this with the prosecutor.
What should I do if I am arrested for burglary in Monroe County?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a burglary lawyer Monroe County as soon as possible to begin building your defense and protect your rights during questioning and arraignment.
Is burglary a violent felony in New York?
Yes, burglary in the first and second degrees are classified as violent felonies under New York law, carrying mandatory prison sentences and long-term consequences. Even third-degree burglary is a felony. This makes securing a skilled breaking and entering defense lawyer Monroe County critical.