New York Penalties
The crime of breaking and entering does not exist in New York and is referred to as either criminal trespass or burglary. The punishment for such crime varies depending upon the type of property crime and circumstances. A misdemeanor conviction could result anywhere from a jail sentence of less than one year, fines or penalties. When breaking and entering is associated with burglary or intent to burglarize with aggravating circumstances such as a large theft or injury to the person being burglarized, or using a weapon such as a gun, then the crime may be elevated to a felony with longer jail time and heavier penalties. It also depends on a person’s prior criminal history and convictions as to what type of penalties they may receive if convicted.
If you are charged with a serious crime such as burglary with aggravated circumstances, it is important that you understand your legal rights and seek legal advice.