Burglary Lawyer New York County, NY
You are stopped on the sidewalk outside your building in Chelsea, and officers inform you that you are under arrest for burglary. The accusation is that you entered a neighbor’s apartment some time ago with the intent to commit a crime. You are taken to Central Booking and face arraignment in Manhattan Criminal Court. A burglary charge in New York County (Manhattan) is a felony—conviction can send you to state prison for years. At Law Offices Of SRIS, P.C., we defend individuals facing burglary charges in Manhattan. Call (888) 437-7747 now to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Strategy Options for a New York County Burglary Defense
When we represent a client accused of burglary in Manhattan, we examine every aspect of the prosecution’s proof. The charge often turns on intent—what the defendant meant to do upon entry—and on whether the structure was a dwelling. Our approach includes challenging the legality of any police search, testing the reliability of witness identifications, and exploring whether the facts support a lesser offense. For a case heard at the New York County Supreme Court on Centre Street, we may also investigate whether procedural issues at arrest or during the investigation violated New York Penal Law standards. Mr. Sris and his Of Counsel use their combined prosecutorial background to anticipate the District Attorney’s strategy and build a defense tailored to the specific circumstances of the accusation.
Not every burglary charge must end with a felony conviction. In some matters, negotiation with the New York County District Attorney’s office may result in a reduced plea, while in others a pretrial motion to suppress evidence can lead to dismissal. We prepare for trial while pursuing every available pretrial resolution. Our objective is to protect your record and your liberty.
What to Expect When Facing a Burglary Charge in Manhattan
If you are arrested in New York County (Manhattan), you will be processed at a precinct and taken to Manhattan Central Booking. Arraignment will occur in Manhattan Criminal Court, typically within 24 hours. For a felony burglary charge, the case will then move to the New York County Supreme Court, 60 Centre Street, where a grand jury will consider an indictment. New York’s bail reform generally eliminates cash bail for most non‑violent felonies, but some burglary allegations—particularly residential burglary—may still result in a bail application or supervised release conditions. An experienced attorney can argue for release on recognizance and work to minimize the disruption to your life while the case proceeds.
After arraignment, discovery follows. We will review the evidence the prosecution intends to use, examine police reports, surveillance footage, and any forensic evidence. Pretrial motion practice is often the key to a successful defense. A timely motion to suppress illegally obtained evidence or to dismiss a deficient indictment can change the outcome before trial begins. Throughout the process, we keep you informed and prepare for every court appearance at the 60 Centre Street courthouse.
Burglary Penalties and Consequences in New York
Burglary in New York is defined by degrees under the New York Penal Law. The charge depends on factors such as whether a dwelling was involved, whether the defendant was armed, and whether anyone was injured. First‑degree burglary, a Class B violent felony, can carry a sentence of up to 25 years in state prison. Second‑degree burglary, a Class C violent felony, may result in up to 15 years. Third‑degree burglary, a Class D non‑violent felony, still carries a potential sentence of up to 7 years. A felony conviction means a permanent criminal record, potential loss of professional licenses, and immigration consequences for non‑citizens. We work to avoid or minimize these outcomes.
Beyond incarceration, a burglary conviction may trigger mandatory DNA submission, sex offender registration if the underlying offense involved sexual conduct, and long‑term supervised release. The stakes are high. We recognize that each case is unique and treat every client’s matter with the attention it deserves.
For a full statutory breakdown of New York burglary law, see our comprehensive analysis.
Attorney Credentials
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has built the firm’s criminal defense practice since 1997. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he brings a multi‑state perspective to every case. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, backed by 4,739+ documented firm-wide results. Results may vary.
Mr. Sris and his Of Counsel have handled criminal matters across New York, including at the New York County Supreme Court. Our approach draws on the insight that only a former prosecutor can offer—understanding how the state builds its case and identifying the weaknesses that can turn a prosecution into a dismissal or an acquittal. To discuss your situation, reach us at (888) 437-7747 for a consultation.
Frequently Asked Questions
Does New York have cash bail?
NY reformed bail in 2020, eliminating cash bail for most misdemeanors and non‑violent felonies. Most defendants in New York County are released on recognizance. Criminal cases are heard at New York County Supreme Court (60 Centre Street, New York, NY 10007). An Adjournment in Contemplation of Dismissal (ACD) is available for many first offenses—charges are adjourned for 6–12 months and then automatically dismissed if there are no new arrests.
What is an ACD in New York County (Manhattan)?
An Adjournment in Contemplation of Dismissal (ACD) is a New York disposition where charges are adjourned for 6–12 months and then automatically dismissed if you have no new arrests. It is available for many first offenses at the New York County Supreme Court. Once the ACD period expires successfully, the record can be sealed. This can be a crucial resolution for a client facing a first‑time burglary allegation.
Can I get my criminal record sealed in New York County (Manhattan)?
New York offers conditional sealing under CPL § 160.59 for qualifying convictions—up to two—after 10 years. An ACD results in automatic sealing. Marijuana‑related offenses have expanded eligibility. Cases in New York County are sealed through the court. An experienced attorney can evaluate whether your record qualifies for sealing.
What is the penalty for burglary in New York?
Burglary penalties depend on the degree. First‑degree burglary (Class B violent felony) can result in up to 25 years imprisonment; second‑degree (Class C) up to 15 years; third‑degree (Class D non‑violent) up to 7 years. The presence of a weapon, injury to a person, or a residential dwelling elevates the degree. Each degree carries mandatory state prison exposure, and a conviction may have lifelong consequences.
Should I speak to the police if I’m accused of burglary?
You should politely decline to answer questions and request an attorney. Anything you say can be used against you, even if you believe you are explaining something innocent. Police may use interrogation tactics that seem casual but are designed to elicit incriminating statements. Invoke your right to counsel and contact a burglary defense lawyer immediately.
Do I need a lawyer for a burglary charge?
Yes, a burglary charge is a felony that requires a defense attorney. The legal complexities—intent, whether the building was a dwelling, potential defenses like mistaken identity or lack of evidence—demand an experienced lawyer’s review. Without counsel, you risk a conviction that carries years in prison and a permanent felony record.
Contact a Burglary Defense Attorney in New York County
If you or a family member faces a burglary charge in Manhattan, speak with an attorney who understands the New York County courts and the New York Penal Law. Call Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. Our New York location is 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202. We serve clients throughout New York County (Manhattan) including Midtown, Lower Manhattan, the Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, the East Village, the Financial District, Chinatown, Washington Heights, and Inwood. By appointment only.
Related Pages: Kings County Criminal Defense | Queens County Criminal Defense | Staten Island Criminal Defense | Nassau County Criminal Defense | Suffolk County Criminal Defense
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary. Attorney responsible for this advertising: Mr. Sris.