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New York Burglary and Robbery Attorney 
In New York the police will charge a person with burglary even when physical “breaking and entering”  does not take place, so for example if someone used a fishing pole to pull an article out of an apartment through an open window, then they would be charged with burglary. Thus, Burglary actually involves entering any type of structure such as an apartment, house, mobile home, boat, car, truck or office or business place. It would be considered burglary if a person were to enter by any means, including using keys, climbing through an unlocked or broken window or even opening an unlocked door. Unlike the common parlance, a burglary does not involve taking from a person, that would be a Robbery.

There are basically six categories categories of burglary in New York State: Burglary in the first degree; or as it is commonly referred to "Burglary 1" and Burglary in the second degree or "Burglary 2." Burglary in the third degree or Burglary 3. Burglary in the fourth degree or Burglary 4, and then there is "attempted Burglary" and the possession of Burglary tools such as a lock pick or a spark plug used to break windows. Burglary Crimes in New York which the law categorizes as felonies are Burglary levels 1-4. The remaining Burglary crimes are misdemeanors, which are less serious under the law. The felonies are rated with Burglary are in ascending order, the 1st degree being the highest.  It is quite confusing and redundant in New York but the next level is a B felony which can carry up to 25 years on prison, going all the way down to an E felony.

Here are some of the relevant New York Laws relating to burglary:

New York Penal - Article 140 - Burglary and Related Offenses
 § 140.20 Burglary in the third degree. 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 in New York State

§ 140.25 Burglary in the second degree. A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: 1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: (a) Is armed with explosives or a deadly weapon; or (b) Causes physical injury to any person who is not a participant in the crime; or (c) Uses or threatens the immediate use of a dangerous instrument; or (d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 2. The building is a dwelling. Burglary in the second degree is a class C felony.

§ 140.30 Burglary in the first degree. A person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime: 1. Is armed with explosives or a deadly weapon; or 2. Causes physical injury to any person who is not a participant in the crime; or 3. Uses or threatens the immediate use of a dangerous instrument; or 4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, burglary in the second degree, burglary in the third degree or any other crime. Burglary in the first degree is a class B felony.

§ 140.35 Possession of burglar's tools. A person is guilty of possession of burglar's tools when he possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, or offenses involving larceny by a physical taking, or offenses involving theft of services as defined in subdivisions four, five and six of section 165.15, under circumstances evincing an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character. Possession of burglar's tools is a class A misdemeanor.

§ 140.40 Unlawful possession of radio devices. As used in this section, the term "radio device" means any device capable of receiving a wireless voice transmission on any frequency allocated for police use, or any device capable of transmitting and receiving a wireless voice transmission. A person is guilty of unlawful possession of a radio device when he possesses a radio device with the intent to use that device in the commission of robbery, burglary, larceny, gambling or a violation of any provision of article two hundred twenty of the penal law.
Unlawful possession of a radio device is a class B misdemeanor.

Burglary, generally, is when a person unlawfully goes into a dwelling and the purpose of the entry is to engage in a criminal act above and beyond the illegal entry.  In general, theft is the unlawful taking of somebody's stuff. But theft charges can be charged on different levels, from misdemeanor which are less serious to felony charges. If you are arrested for a theft related crime with a gun in New York, then you will probably be charged with a crime in New York called aggravated burglary which involves more serious penalties in New York.

At Common Law burglary was the trespassory (without permission) breaking and entering of the dwelling of another at night with an intent to commit a felony therein. For example if one where to break into a house to steal a gun, that would qualify as burglary. If you are convicted of burglary in New York you may be sentenced to jail or prison for many years, fines, restitution, community service, probation and/or parole.  The common-law elements of the offense have been modified in most jurisdictions by statutes that tend to make the crime less restrictive. The crime of breaking and entering into a structure for the purpose of committing a crime. No great force is needed (pushing open a door or slipping through an open window is sufficient) if the entry is unauthorized. If you are arrested for or are being investigated for the crime of theft in Rockland, Westchester, Orange County, Manhattan, Bronx, Brooklyn or Queens, New York. Contrary to common belief, a burglary is not necessarily for theft. It can apply to any crime, such as assault or sexual harassment, whether the intended criminal act is committed or not. Originally under English Common Law burglary was limited to entry in residences at night, but it has been expanded to all criminal entries into any building, or even into a vehicle.

Today however, Burglary may be charged in New York as either a state or federal offense. It is extremely crucial to the outcome of your case that if you have been accused of burglary you speak to a New York burglary attorney immediately. A knowledgeable attorney can help to make sure that your rights are not violated by law enforcement and state or federal prosecutors. Since many burglary cases do not involve any witnesses, prosecutors often rely heavily on surveillance video and crime scene evidence to obtain a conviction.  Under Common Law Burglary was traditionally an offense against possession and habitation. 

I handle a wide range of theft related defense cases in New York State, in New York City and upstate New York courts including the defense against charges of: Armed robbery, possession of burglary tools, bad checks Burglary on a dwelling, Embezzlement, Forgery, Identity theft, Possession of stolen property, Robbery including purse snatching, Shoplifting from stores.

New York Robbery Attorney - Basic Robbery Law in New York State

§ 160.00 Robbery is forcible stealing. A person forcibly steals property and commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of: 1. Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or 2. Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.  

§ 160.05 Robbery in the third degree. A person is guilty of robbery in the third degree when he forcibly steals property. Robbery in the third degree is a class D felony. 

§ 160.10 Robbery in the second degree. A person is guilty of robbery in the second degree when he forcibly steals property and when: 1. He is aided by another person actually present; or 2. In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime: (a) Causes physical injury to any person who is not a participant in the crime; or (b) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 3. The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law. Robbery in the second degree is a class C felony. 

§ 160.15 Robbery in the first degree. A person is guilty of robbery in the first degree when he forcibly steals property and when, in the course of the commission of the crime or of immediate flight there from, he or another participant in the crime: 1. Causes serious physical injury to any person who is not a participant in the crime; or 2. Is armed with a deadly weapon; or 3. Uses or threatens the immediate use of a dangerous instrument; or 4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime. Robbery in the first degree is a class B felony.