Third-degree burglary, known as burglary in the third degree, is the act of breaking into or unlawfully entering a building or automobile with the intent to steal something. In burglary in the third degree, the actual act of stealing does not take place because the individual is caught prior to stealing.
Depending on the state and the details of the crime committed, a burglary may be charged as a misdemeanor or a felony. In some states, such as New York, burglary is always punished as a felony and the different types of burglary are separated into categories called degrees. These categories range from first-degree burglary to third-degree burglary.
Burglary in the Third Degree is the most common degree of all Burglary crimes charged throughout New York City, Westchester County and the surrounding Hudson Valley region. While arrests for and accusations of New York Penal Law 140.20 may occur more frequently than the more serious degrees, never underestimate the gravity of what you will soon face.
Third degree burglary is also considered a felony, except under certain stipulations, and it differs from first and second-degree charges as it’s often seen as a wobbler offense – meaning that it can be charged as felony or misdemeanor, depending on the circumstances of the individual case. Third degree burglary charges can be complex.
Install a security system. The best way to protect your home or business from third degree burglary is to get home security. These systems set up surveillance cameras, alarms for those inside the building to be immediately notified of a breach of security, and alarms that go directly to law enforcement officials.
13-1506.Burglary in the third degree; classification. A. A person commits burglary in the third degree by: 1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.
Third Degree Burglary Basics. Burglary in the third degree is a less severe offense than second degree and first degree burglary charges. In many cases, a first-time offender may be subject to a third degree burglary charge if he or she knowingly entered a building with the intent to commit the crime.
It has three degrees. Third-degree burglary is the broadest, and applies to any building or other premises. Second-degree burglary retains the common-law element of a dwelling, and first-degree burglary requires that the accused be in a dwelling and armed with a weapon or have intent to cause injury.
Subd. 3. Burglary in the third degree. Whoever enters a building without consent and with intent to steal or commit any felony or gross misdemeanor while in the building, or enters a building without consent and steals or commits a felony or gross misdemeanor while in the building, either directly or as an accomplice, commits burglary in the third degree and may be sentenced to imprisonment ...
In a burglary case, the degree of the criminal charge will also influence the sentence that a judge imposes. The following is an overview of burglary sentencing and penalties, including factors considered by the court and hypothetical examples of burglary cases. Burglary Sentencing Factors