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

Reported case outcomes and sentence scope
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.

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