
Burglary Lawyer New York, NY
A burglary accusation in New York City can upend your life. The charges—whether filed in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island—carry felony consequences that may include imprisonment, probation, and a permanent criminal record. Law Offices Of SRIS, P.C., founded in 1997, represents individuals facing burglary allegations throughout the five boroughs. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Mr. Sris, Owner and Founder of the firm, is a former prosecutor who understands how law enforcement and prosecutors build their cases. That insight, combined with the resources of an experienced multi-state practice, allows the firm to challenge the evidence and work toward a favorable resolution. Reach our location at (888) 437-7747 to request a consultation.
What Burglary Means in New York, NY
Under the New York Penal Law, burglary is broadly defined as unlawfully entering a building with the intent to commit a crime inside. The degree of the charge depends on the circumstances alleged—whether the building was a dwelling, whether anyone was present, and whether any weapon was involved. New York City prosecutors pursue these cases in Criminal Court (for the lowest-level offense) or in Supreme Court (for all felony burglary charges), and the government often seeks detention or significant bail conditions.
Because burglary is classified as a crime of moral turpitude, a conviction can affect employment, housing, professional licensing, and immigration status. In many New York cases, the long-term collateral consequences outweigh the immediate court-imposed sentence. An experienced defense team can scrutinize the facts—from the legality of the initial stop to whether all elements of the burglary statute are provable—and work to hold the prosecution to its burden.
How Mr. Sris and His Of Counsel Handle Burglary Cases
When a person retains Law Offices Of SRIS, P.C., the firm moves quickly to understand what happened before charges were filed. That includes identifying potential search-and-seizure issues, interviewing witnesses where possible, and examining the government’s evidence for gaps. In many burglary cases, the intent element is the weakest point—did the defendant genuinely intend to commit a crime, or was there another explanation for their presence? The firm works to exploit those weaknesses.
The legal team, drawing on Mr. Sris’s former experience as a prosecutor, knows when to challenge procedural missteps and when to negotiate with the district attorney’s office. The goal is always to achieve the favorable outcomes for the client, whether through dismissal, a reduced charge, or a trial defense. Throughout the process, the firm keeps the client informed and helps them understand what to expect at each court appearance.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder, launched Law Offices Of SRIS, P.C. in 1997 after his service as a prosecutor. His background gives him a firsthand perspective on how criminal investigations and prosecutions are assembled. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he leads a team of experienced Of Counsel attorneys. The firm has documented 4,739+ case results across all practice areas since its founding. Results may vary.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. The collective capability—spanning criminal trial work, pretrial motion practice, and client counseling—allows the firm to handle burglary matters at every stage, from the investigation through trial.
Verify admissions: Virginia State Bar · Maryland Judiciary · DC Bar · NJ Courts · NY OCA
Reviewed by Mr. Sris, Owner and Founder
Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York
Practicing since 1997
Last reviewed: June 2026
Frequently Asked Questions
What is burglary in New York?
Burglary in New York is unlawfully entering a building with the intent to commit a crime inside. The charge does not require that the underlying crime was actually completed—only that the prosecution can prove the intent to commit it. The degree of the offense depends on factors such as the type of building, whether it was a dwelling, and whether the accused was armed. In New York City, all burglary degrees are felonies, and even the lowest level carries the potential for state prison and lasting collateral consequences.
What are the degrees of burglary in New York?
New York law divides burglary into three degrees, from third-degree (a class D felony) to first-degree (a class B violent felony). Third-degree burglary involves entering a building with intent to commit a crime. Second-degree applies when the building is a dwelling. First-degree, the most serious, requires that the defendant was armed with a deadly weapon, caused physical injury, or used a dangerous instrument. First-degree burglary is a violent felony offense that triggers mandatory minimum sentencing exposure.
How can a burglary defense lawyer help?
An experienced defense lawyer can challenge the evidence, identify procedural violations, and work to achieve a charge reduction or dismissal. Common defenses include attacking the prosecution’s proof of intent, challenging the legality of a search or arrest, and presenting alternative explanations for the defendant’s presence in the building. In many cases, early involvement of counsel leads to a more favorable disposition than a defendant could obtain alone.
What should I do if I am accused of burglary in New York?
If you are accused of burglary, exercise your right to remain silent and seek legal representation immediately. Do not discuss the facts with police or anyone else without your attorney present. The early stages of a burglary case—including the arrest processing, arraignment, and bail determination—are critical, and having counsel from the start can affect the entire trajectory of the case.
Is burglary a felony in New York?
Yes, all degrees of burglary in New York are felonies. Third-degree burglary is a class D non-violent felony, while second-degree is a class C violent felony, and first-degree is a class B violent felony. Even a non-violent felony conviction can result in a state prison sentence and a permanent criminal record, which may affect employment, housing, and professional licenses. Because of these consequences, mounting a serious defense is essential.
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.
