What is the difference between robbery and burglary in New York?

The terms robbery and burglary might seem interchangeable, but in the eyes of the law, they have very different meanings and penalties. Read on to learn the difference between robbery and burglary, the penalties for each term in the state of New York, and the degrees of each term. If you have been charged with a burglary or robbery in New York, reach out to our New York criminal defense attorney today.

How is a robbery defined in New York?

Robbery is defined as forcibly stealing, violently stealing, or stealing with the threat of violence or force.  Committing a robbery in New York is done by using either force or by instilling fear in the victim. If a perpetrator instills fear in the victim by threatening violence in order to steal, this act is considered a robbery.

What are the penalties for committing a robbery in New York?

Depending on the degree in which the perpetrator is convicted, the penalties vary. Below you will find the list of, third, second, and first degree penalties for committing a robbery in the state of New York.  

• Third Degree is considered a Class D felony and can have the penalty of 2-7 years
• Second Degree is considered a Class C felony and can have the penalty of 7-15 years in prison.
• First Degree is considered a Class B felony and can have the penalty of 10-25 years

How is a burglary defined in New York? 

In the state of New York, a burglary can be defined in two ways: entry into a building with the intent to commit a crime and remaining on a property with the intent to commit a crime. Burglaries are often paired with physically breaking and entering into a building. However, it is possible to commit a burglary by remaining unlawfully inside of a building with the intent to commit a crime without the act of breaking and entering. This act is still considered a burglary if the perpetrator had been initially invited into the building. 

It is also not necessary for theft to take place during a burglary. Besides theft, the other most common intended crimes seen in a burglary are sex crimes as well as assaults. A burglary can also be committed even if the intended crime is not yet committed. For example, a perpetrator enters a building unlawfully with the intent to steal, but leaves the building without doing so due to being scared. This is still considered and defined as a burglary.  

What are the penalties for committing a burglary in New York?

Burglaries are considered felonies in most cases in the state of New York. Below you will find a list of the potential penalties of each degree of burglary, from third to first-degree: 

• Third-degree burglary is considered a Class D felony with the potential of 1-7 years in prison and a potential $5,000 fine
• Second-degree burglary is considered a Class C felony with the potential of 1-15 years in prison and a potential $5,000 fine
• First-degree burglary is considered a Class B felony with the potential of 1-25 years in prison and a potential $5,000 fine