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NY Penal Law § 140.20: Burglary in the Third Degree
Burglary in the third degree, NY Penal Law § 140.20, is entering or staying in a building unlawfully with intent to commit a crime inside. No break-in is required, and the crime intended does not have to be theft. On Long Island these charges usually involve stores, businesses, garages and construction sites rather than homes. It is a class D felony. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends burglary charges in Nassau County and Suffolk County courts.
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NY Penal Law § 140.20 at a glance
| Burglary in the third degree | |
|---|---|
| Statute | NY Penal Law § 140.20 |
| Charge level | Class D felony (non-violent) |
| Maximum prison term | Up to 7 years |
| Key element | Intent to commit a crime inside, at the time of entry or while remaining |
| Home burglary | Usually charged as burglary in the second degree (PL 140.25), a violent felony |
What NY Penal Law § 140.20 says
A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.
Burglary in the third degree is a class D felony.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
What the prosecutor has to prove
- You entered or remained in a building.
- You did so knowingly and unlawfully, without permission or after permission ended (for example, hiding in a store after closing).
- You intended to commit a crime inside. The intent can be to commit any crime, not just theft.
Penalties for third-degree burglary
| Outcome | What it means |
|---|---|
| Prison | Up to 7 years in state prison (class D felony). |
| Probation | Third-degree burglary is not a violent felony, so probation and local jail sentences are available. |
| Restitution | Payment for any damage or property taken is usually part of any resolution. |
| Reduced outcome | Cases are often reduced to criminal trespass or petit larceny when intent is weak. |
Charged with burglary?
Call before your next court date. Consultations are free, in person at our Hempstead office or by video call or phone call. We answer 24/7.
How third-degree burglary charges show up on Long Island
In about two years of Nassau County and Suffolk County arraignment records, about 95 people were arraigned on PL 140.20, about 6 in 10 of them in Nassau County.
Burglary charges often come in pairs with petit larceny, criminal mischief or criminal trespass. The difference between a felony burglary and a misdemeanor trespass is usually the intent the prosecutor can prove.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
Someone enters a closed restaurant through an unlocked back door late at night, and police find them inside. If the prosecutor can show they intended to steal, it is burglary in the third degree. If they went in to sleep or get out of the rain, the intent to commit a crime may be missing, and the case may be only criminal trespass.
Defenses to a PL 140.20 charge
- No intent to commit a crime. Being somewhere you should not be is trespass, not burglary.
- License or privilege. You had permission, or reasonably believed you did, for example in a workplace or family property.
- Identification. Surveillance video and fingerprints are often less clear than police reports suggest.
- “Building.” The structure must meet the legal definition of a building.
- Statements. Admissions made without proper warnings may be suppressed.
Related offenses
- Trespass and criminal trespass (PL 140.05 to 140.17)
- Burglary in the second degree (PL 140.25), class C violent felony, which covers most home burglaries
- Petit larceny (PL 155.25)
- Criminal mischief (PL 145)
NY Penal Law § 140.20: frequently asked questions
What is burglary in the third degree in New York?
Under Penal Law 140.20, burglary in the third degree is knowingly entering or remaining unlawfully in a building with intent to commit a crime inside. It is a class D felony.
Do you have to break in to be charged with burglary?
No. Walking through an open door, or staying in a store after closing, can be burglary if you entered or remained unlawfully with intent to commit a crime.
Is burglary in the third degree a violent felony?
No. Third-degree burglary is a non-violent class D felony, so probation is a possible sentence. Burglary of a dwelling is usually charged as second degree, which is a violent felony.
Can burglary be reduced to trespass?
Often, yes. When the evidence of intent to commit a crime is weak, burglary charges are commonly reduced to criminal trespass.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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