How Many Years Can You Get for First-Degree Burglary in New York?
Four reported New York City prosecutions have different sentence scopes: Hernandez’s six-year burglary term and Narvaez’s 20-year burglary term are allocated in their sources, while Turner’s 12 years and Johnson’s 25 years to life are unallocated multi-count outcomes. The latter totals are not burglary-count endpoints. Hernandez’s 2026 appeal was affirmed after an earlier hearing remand; the other releases do not certify exhaustive later review.
Quick Answer
- Reported prosecution clusters: 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. The official text read September 28, 2026 labels the determinate version effective until September 1, 2027; its separately printed future version is not today’s rule. This current framework is not automatically reconstructed historical law for every offense or judgment below.
Observed New York City Outcomes
| Case | NYC conduct | Disposition | Reported sentence | Scope |
|---|---|---|---|---|
| Pedro Hernandez | Bronx building entry after a fight reported in front of 2177 Quimby Avenue, April 7, 2019 | Jury conviction for first-degree burglary and criminal mischief | 6 years plus 5 years post-release supervision on burglary | Six-year burglary term plus five-year supervision; criminal-mischief one-to-three-year term concurrent. May 12, 2026 affirmance after earlier hearing remand |
| Gabriel Narvaez | March 9, 2020 attack in a building on East 139th Street, Mott Haven; not the defendant’s former home address | Jury conviction including first-degree burglary, robbery, and assault | 20 years on first-degree burglary | 20 years each for burglary and robbery, assault seven years concurrent; five years’ post-release supervision separate |
| 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 sentencing release, June 29, 2023. The March 18, 2025 hearing remand was not an affirmance; the May 12, 2026 opinion subsequently affirms the same judgment. These are one prosecution, not extra cases.
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 February 7, 2025 sentencing release. The March 20, 2025 appellate motion order assigns counsel and procedural relief for that judgment’s appeal; it is not a merits affirmance or evidence that all review ended.
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
Four reported prosecution clusters are described; multiple counts, co-participants and appeal documents do not create additional independent cases. Turner’s two burglary convictions are not two separately allocated 12-year terms. Johnson’s life maximum remains part of an unallocated multi-count announcement, not an ordinary burglary endpoint. Source-described Bronx/Brooklyn locations do not replace independent municipal-point checks. Relevant releases and identified appeal decisions were actually read September 28, 2026; exhaustive later-review and historical-law checks remain incomplete.
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.