In New York, burglary is considered a felony offense. A conviction on the charge of burglary may result in imprisonment for as little as one and as many as 25 years. However, the situation surrounding the burglary charge may affect the length of the sentence.
Burglary in the third degree, which involves entering a building with the intent to commit a crime within, carries the lowest possible penalties. This felony charge is often increased to second or third degree if the building entered is a home or dwelling or if a deadly weapon is utilized. Charges can also be increased if anything that appears to be a deadly weapon is displayed, including toys.