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Home Invasion Charges in NY

New York laws on home invasion come with potentially serious penalties due to fairly recent changes, but first we’ll define what constitutes home invasion which falls under the burglary section of the penal code.

If you knowingly enter or remain unlawfully in a dwelling (residence) with the intent to commit a crime while there and:

  • Are armed with explosives or a deadly weapon or
  • Cause physical injury to someone who isn’t a participant in the crime or
  • Use or threaten immediate use of a dangerous weapon or
  • Display a firearm

you may be charged with the crime of home invasion or burglary. Burglary in the second degree is a class C felony and is punishable by up to 15 years in prison. First degree burglary is a class B felony and may carry a prison sentence of up to 25 years.

The New York penal code does note that a person may use the defense that their firearm wasn’t loaded and therefore couldn’t have been used to shoot anyone. That particular defense can be applied to a charge of burglary in the first degree, but doesn’t preclude the possibility of a conviction of a lesser charge of burglary.

You should always contact a top New York City criminal defense attorney like Lisa Pelosi if you’ve been charged with any home invasion crime.

Contact us now for a free consult to discuss your case.

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