NY State — NY Penal Law

§ 140.25 — Burglary in the second degree

Brooklyn since 2014All five boroughsSame-day response during business hours

Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

Nacmias Law Firm does not practice criminal defense. For charges or pending criminal cases, consult a criminal defense attorney.

What is NY PL § 140.25?

Quick Answer

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 d

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 140.25 Burglary in the second degree

PL § 140.25

§ 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.

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters