New York Burglary Defense Lawyers

New York Burglary Defense Lawyers

Mayo Bartlett is a New York Burglary Defense Lawyer who has the experience and dedication that you or your loved one needs on their side when facing charges of burglary or home invasion. He is a former Westchester County prosecutor who served more than 10 years in the Westchester County District Attorney’s Office in White Plains New York and he was selected as one of the Top 100 Trial Lawyers by the National Trial Lawyers and he is recognized as a Super Lawyer. Mayo has also been a Criminal Defense Lawyer since 2003.

Our NY Burglary Lawyers have a thorough understanding of police procedure from years spent working with officers and detectives in White Plains and throughout Westchester County, New York City and the Hudson Valley. We have handled thousands of criminal cases, and we have successfully had many felony charges reduced to misdemeanors, or had them dismissed entirely. Our Burglary Defense Lawyers have obtained a verdict of not guilty for a variety of violent charges that would have resulted in sentences of decades, and sometimes life in prison.

Mayo Bartlett has extensive experience in Westchester County Criminal Courts, and he is familiar with every aspect of handling Burglaries and other felony cases from arraignment and bail applications, through motion practice, discovery and trial. Our Westchester burglary defense lawyers are members of a criminal defense team that works frequently with private investigators and forensic experts to provide you with the best defense. Mayo Bartlett is a burglary defense attorney based in Westchester New York who has handled over one hundred burglary cases. As a burglary defense lawyer he often has been successful in getting these violent felony charges reduced to misdemeanors and avoiding jail time for his clients. He has handled burglary charges for 3 decades, and as a result, he is very familiar with the unique issues presented by these cases.

New York Burglary Cases

Burglary is an extremely serious allegation. The punishments for these crimes in New York can mean years, or decades in prison. If you or a loved one is facing Burglary charges, choosing an attorney to defend your case is one of the most important — if not the most important — decisions you will ever have to make. It is absolutely critical that you retain the services of an aggressive, highly experienced criminal defense attorney with a proven track record as soon as you possibly can.

Burglary is defined in New York Penal Law 140. Burglary is a basically trespass which occurs in a building or dwelling with the intent to commit a crime inside of said building or dwelling. Therefore, if you knowingly enter or unlawfully remain in a building you may be guilty of Burglary in the Third Degree. Even if you are unsuccessful in your attempt to enter the building or dwelling, you may still be charged with attempted Burglary. 

There are three degrees of Burglary. The lowest is Burglary in the Third Degree and the highest is Burglary in the First Degree.

Burglary in the Third Degree

A person is guilty of burglary in the third degree when he or she knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the Third Degree is a class D Felony, and it carries a maximum punishment of Seven Year in prison.  

Burglary in the Second Degree

There are several aggravating factors that may increase the charge of Burglary in the Third Degree, as well as the punishment associated with it. The following conduct is Burglary in the Second Degree: 

1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:

  • Is armed with explosives or a deadly weapon; or
  • Causes physical injury to any person who is not a participant in the crime; or
  • Uses or threatens the immediate use of a dangerous instrument; or
  • 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. Burglary in the Second Degree is a class C felony and includes a maximum sentence of 15 years in prison.

Burglary in the First Degree

Burglary in the First Degree exists when a person knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or she, or another participant in the crime:

  1. Is armed with explosives or a deadly weapon; or
  2. Causes physical injury to any person who is not a participant in the crime; or
  3. Uses or threatens the immediate use of a dangerous instrument; or
  4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm

Burglary in the first degree is a class B felony. in the First Degree is a class B felony and carries a maximum 25 years in prison.

If you have prior felony convictions, you may face a higher sentence, which may include life in prison.

If you are charged with a burglary or home invasion in Westchester, New York City, or the Hudson Valley, it is essential that you have the right burglary defense lawyers to assist you. These are considered violent crimes, and our criminal defense law firm is well suited to aid you in your fight to maintain your freedom.

With offices located in the Westchester Financial Center which is one block from the White Plains Train Station and bus depot, and two blocks from the Westchester County Court, our criminal defense team handles felonies in Federal Court, as well as New York State Courts in New York City, Westchester County, including Ardsley, White Plains, Yonkers, Mount Vernon, Rye, Sleepy Hollow, Tarrytown, Somers, Dobbs Ferry, Armonk, Peekskill, Mount Pleasant, Hastings, Chappaqua, Greenburgh, Elmsford, Valhalla, New Rochelle, Bronxville, Eastchester, Scarsdale, Mamaroneck, Hartsdale, Harrison, Mount Vernon, Pelham, Port Chester, Bedford, Mount Kisco, Yorktown, Cortlandt, Croton on Hudson, Brewster, Ossining, Briarcliff, Southeast, Putnam Valley, New Castle, North Castle, Pleasantville, Lewisboro, South Salem, North Salem, Nyack, Irvington, Larchmont, Tuckahoe, Bronx, Manhattan, Brooklyn, Putnam County, Dutchess County, Rockland County, Ulster County and throughout the Hudson Valley.

Mayo appears almost every week on a legal panel featured on Richard French Live which is available on WRNN. The show is taped live every Wednesday from 6:00 pm to 7:00 p.m. and airs throughout New York, Connecticut and New Jersey, including the five boroughs of New York City, Boston, Philadelphia, the Washington DC Metro Area, Dallas, Houston, San Fransisco and Los Angeles. If you or someone you know is facing allegations of Burglary, don’t hesitate. Contact our New York Burglary Defense Lawyers now to begin the fight to keep your freedom.

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