How Many Years Can You Get for First-Degree Burglary in New York?
Four independently prosecuted New York City cases reviewed for this guide produced completed prison outcomes from 6 years to 25 years to life. Only two releases allocated a term directly to first-degree burglary; the other two reported an overall multi-count sentence. The figures are selected case outcomes, not an average or prediction.
Quick Answer
- Completed case clusters reviewed: 4
- Directly allocated burglary terms: 6 years and 20 years
- Other overall case outcomes: 12 years and 25 years to life
- Locations: the Bronx and Brooklyn
- Classification: Class B violent felony
Start with the New York sentence hub. Compare second-degree burglary, third-degree burglary, and robbery outcomes, and review our methodology.
What Is First-Degree Burglary in New York?
New York Penal Law §140.30 applies when a person knowingly enters or remains unlawfully in a dwelling intending to commit a crime there and an aggravating circumstance exists during entry, presence, or immediate flight. The listed circumstances include being armed with explosives or a deadly weapon, causing physical injury, using or threatening a dangerous instrument, or displaying what appears to be a firearm. The offense is a class B felony.
Statutory Sentence
Penal Law §70.02 lists first-degree burglary as a class B violent felony. For a qualifying first violent felony offender, the current determinate imprisonment framework generally provides five to 25 years. Prior-offender provisions and other sentencing rules can change the applicable range. This statutory framework must be kept separate from the observed case outcomes below.
Observed New York City Outcomes
| Case | NYC conduct | Disposition | Final sentence | Scope |
|---|---|---|---|---|
| Pedro Hernandez | Forced entry into a Bronx building while chasing two people after a fight | Jury conviction for first-degree burglary and criminal mischief | 6 years plus 5 years post-release supervision on burglary | Target count allocated; related term concurrent |
| Gabriel Narvaez | Followed a child into a Mott Haven building and committed a gunpoint attack | Jury conviction including first-degree burglary, robbery, and assault | 20 years on first-degree burglary | Target count allocated; all terms concurrent |
| Clifton Turner | Broke into a Bedford-Stuyvesant apartment and attacked an occupant | Jury conviction including two first-degree burglary counts and assault | 12 years | Overall multi-count outcome |
| Thomas Johnson | Broke into a Crown Heights residence and attacked an elderly neighbor | Jury conviction including first-degree burglary and other violent felonies | 25 years to life | Overall multi-count outcome |
Case Sources
Pedro Hernandez: The Bronx District Attorney reported six years for first-degree burglary and a concurrent one-to-three-year criminal-mischief sentence. Official source.
Gabriel Narvaez: The Bronx District Attorney stated that Narvaez received 20 years each for first-degree robbery and burglary, with a seven-year assault term, all concurrent. Official source.
Clifton Turner: The Brooklyn District Attorney reported a 12-year sentence after convictions on two first-degree burglary counts, assault, and petit larceny. The release did not allocate separate count terms, so 12 years is labeled an overall outcome. Official source.
Thomas Johnson: The Brooklyn District Attorney reported 25 years to life after convictions including first-degree burglary and other violent felonies. It is likewise treated as an aggregate case outcome. Official source.
Methodology
We retained only completed state prosecutions with an exact New York City offense location, an express first-degree burglary conviction, and a final sentence. Direct target-count terms are distinguished from multi-count totals; no average is calculated.
Sources
Disclaimer
General information only, not legal advice. Sentencing depends on the subsection, prior record, plea or verdict, concurrent or consecutive structure, and individual facts.