Burglary Lawyer Queens — What Are Your Defense Options?
Burglary in Queens County is a serious felony under New York Penal Law § 140.20-140.30, carrying up to 25 years in prison. A burglary lawyer Queens from Law Offices Of SRIS, P.C. provides a strong defense against breaking and entering charges. Our firm has handled 4,739+ documented case results firm-wide with over 93% favorable outcomes. We offer 24/7 phone 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, whether it was a dwelling, and if the defendant was armed. The primary statutes are found in the New York Penal Law (PEN). Cases in Queens are prosecuted in the Queens County Supreme Court, Criminal Term, located at 88-11 Sutphin Boulevard, Jamaica, NY 11435. You can find more information on the Queens County Supreme Court website.
Last verified: April 2026 | Queens County Supreme Court | New York State Legislature
Defending Against Burglary and Breaking and Entering Charges in Queens
Queens County (Queens) Supreme Court Criminal Term handles all felony burglary cases. New York’s 2020 bail reform eliminated cash bail for most non-violent felonies, but burglary charges often still qualify for bail or release conditions. A skilled breaking and entering defense lawyer Queens will scrutinize the prosecution’s evidence of unlawful entry and criminal intent. Common defenses include mistaken identity, lack of intent to commit a crime, permission to be on the property, or insufficient evidence linking you to the scene.
- Initial Consultation & Case Review: Contact a burglary lawyer Queens immediately after arrest or receiving a desk appearance ticket (DAT).
- Evidence Investigation: Your attorney will gather evidence, review police reports, and interview witnesses to identify weaknesses in the prosecution’s case.
- Pre-Trial Motions: File motions to suppress illegally obtained evidence or dismiss charges based on procedural errors.
- Negotiation & Plea Bargaining: Work with the District Attorney’s office to seek a reduction in charges, such as from burglary to criminal trespass.
- Trial Preparation: If a plea agreement isn’t possible, prepare a vigorous defense for trial before a judge or jury.
- Sentencing Advocacy: If convicted, advocate for the most lenient sentence possible, focusing on rehabilitation and alternatives to incarceration.
Potential Penalties for Burglary in Queens
In Queens, burglary charges range from a Class D felony to a Class B violent felony, with penalties from probation 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, restitution |
| Burglary in the Second Degree (PEN § 140.25) | Class C Violent Felony | 3.5 to 15 years | Up to $5,000 | Mandatory prison, violent felony record |
| Burglary in the First Degree (PEN § 140.30) | Class B Violent Felony | 5 to 25 years | Up to $5,000 | Lengthy mandatory prison term |
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 to every case. We understand the high stakes of a felony burglary charge and the lasting impact a conviction can have on your life, employment, and housing. We provide a focused, case-specific defense strategy aimed at protecting your rights and future. Our firm-wide track record includes 4,739+ documented case results with over 93% favorable outcomes.
Case Results and Client Advocacy
Our firm actively practices in New York courts. While specific local case counts are not published, our firm-wide results demonstrate our commitment to client advocacy. We have achieved favorable outcomes in thousands of criminal cases through dismissals, charge reductions, and acquittals. A burglary charge defense lawyer Queens from our team will work tirelessly to challenge the evidence against you.
Results may vary. Prior results do not guarantee a similar outcome.
Local Representation for Queens Residents
Law Offices Of SRIS, P.C.
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 at Queens County (Queens) courts. We serve clients throughout Queens, including Jamaica, Flushing, Astoria, Long Island City, Forest Hills, Bayside, Jackson Heights, Rego Park, Elmhurst, Woodside, Corona, Rockaway Beach, Howard Beach, Ozone Park, and Fresh Meadows. We offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions: Burglary Charges in Queens
What is the difference between burglary and trespassing in New York?
Yes, there is a major difference. Burglary requires unlawful entry plus the intent to commit a crime inside. Criminal trespass only involves unlawful entry or remaining without permission, with no requirement to prove additional criminal intent. Burglary is a felony; trespassing is often a misdemeanor or violation.
Can I get bail on a burglary charge in Queens?
It depends. Under New York’s 2020 bail reform, many non-violent felonies are release-eligible. However, certain burglary charges (like Burglary in the First Degree or if you have a significant criminal history) may still be bail-eligible or require supervised release. The judge decides based on flight risk and danger to the community.
What are common defenses to a burglary charge?
Common defenses include: lack of intent to commit a crime, mistaken identity, actual ownership or permission to enter the property, an illegal search and seizure by police, or insufficient evidence proving you were the person who committed the act.
Will a burglary conviction go on my permanent record?
Yes. A burglary conviction results in a permanent felony criminal record. This can affect employment, housing, professional licenses, and firearm rights. In some cases, after a 10-year waiting period, you may be eligible to apply for conditional sealing under CPL § 160.59, but violent felony convictions are generally not eligible.
Should I talk to the police if I’m suspected of burglary?
No. You have the right to remain silent. Politely decline to answer questions and immediately request to speak with a burglary lawyer Queens. Anything you say can be used against you, and investigators may misinterpret your statements.
Contact a Burglary Lawyer Queens Today
If you are facing burglary or breaking and entering charges in Queens, time is critical. Contact a burglary lawyer Queens from Law Offices Of SRIS, P.C. for a confidential case review. We are available 24/7 by phone. For more information on criminal defense in New York, visit our New York Criminal Defense hub page. We also assist clients in nearby areas like Manhattan and Brooklyn. For other legal needs in Queens, explore our services in family law and immigration.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.