How Many Years Can You Get for Second-Degree Burglary in New York?
In four completed New York City cases with a prison term directly assigned to second-degree burglary, observed target-offense terms ranged from 5 to 15 years. A fifth completed spree case is described separately because its 27-year term covered many burglary, attempted-burglary, and related counts and is not comparable as a single-count outcome.
Quick Answer
- Completed cases reviewed: 5
- Cases used for the target-term range: 4
- Lowest observed allocated term: 5 years
- Highest observed allocated term: 15 years
- Locations: Brooklyn, Queens, and the Bronx
- Classification: Class C violent felony
Start at the New York sentence hub, compare third-degree burglary outcomes and second-degree grand-larceny outcomes, and read our methodology.
What Is Second-Degree Burglary in New York?
Under New York Penal Law §140.25, second-degree burglary involves knowingly entering or remaining unlawfully in a building with intent to commit a crime there, plus an aggravating circumstance listed in the statute, or entering or remaining in a dwelling. Aggravating circumstances can include a deadly weapon, injury, threatened use of a dangerous instrument, or display of what appears to be a firearm. The offense is a class C felony and a violent felony offense.
Statutory Sentence
Penal Law §70.02 provides the violent-felony sentencing framework. For a first violent felony offender convicted of a class C violent felony, the determinate prison term is generally 3.5 to 15 years, followed by post-release supervision. Prior violent-felony status and other rules can change the range. This statutory range must not be confused with the selected outcomes below.
Observed Case Outcomes
| Case | NYC conduct | Disposition | Second-degree burglary term | Range treatment |
|---|---|---|---|---|
| Francisco Torres | Participated in a multi-borough ATM burglary ring | Guilty plea to one second-degree burglary count | 5 years | Included |
| Michael Williams | Broke into an ex-girlfriend’s Bronx apartment and set a fire | Jury conviction of second-degree burglary and arson | 5 years plus 5 years post-release supervision | Included; concurrent 10-year arson term |
| John Catullo | Bensonhurst home and business burglary spree | Guilty pleas to second-degree burglary in two indictments | 10 years | Included |
| Elsun Wheeler | Broke into an East New York woman’s apartment | Jury conviction of second-degree burglary and second-degree assault | 15 years | Included; consecutive 7-year assault term |
| Juan Morales | Queens residential-burglary spree involving numerous homes | Jury conviction including 12 second-degree burglary counts and related offenses | 27-year determinate block across second-degree burglary, attempted burglary, and tool-possession charges | Excluded from single-offense range |
Case Details
Francisco Torres: The Brooklyn District Attorney reported that Torres pleaded guilty to one count of second-degree burglary in an ATM-burglary prosecution and received five years. Although the broader prosecution covered multiple boroughs, the official release reported nine charged incidents in Brooklyn and identified Torres’s participation. Official source.
Michael Williams: A Bronx jury convicted Williams of arson and second-degree burglary after he entered an apartment and set a fire. The court imposed five years on burglary, concurrent with ten years on arson. The burglary term—not the ten-year overall term—is used in the observed range. Official source.
John Catullo: Catullo pleaded guilty to second-degree burglary in two indictments after a series of residential and commercial break-ins in Bensonhurst. The court imposed ten years in prison and five years of post-release supervision. Official source.
Elsun Wheeler: A Brooklyn jury convicted Wheeler after he broke into an East New York apartment and attacked its occupant. The court imposed 15 years for second-degree burglary and a consecutive seven years for assault, for 22 years overall. Only the allocated 15-year burglary term is used in the range. Official source.
Juan Morales: A Queens jury convicted Morales of 12 second-degree burglary counts and several related offenses in a residential spree. The official release describes a 27-year determinate block covering second-degree burglary, attempted burglary, and possession of burglar’s tools, followed by an additional indeterminate block for other offenses. Because no single second-degree burglary count received an isolated term, this case is not used to set the 5-to-15-year observed range. Official source.
Why Outcomes Differ
Whether the building was a dwelling, presence of occupants, injury or weapon allegations, number of incidents, prior record, plea agreement, trial verdict, and consecutive or concurrent sentencing can all matter. Spree cases may produce aggregate structures that cannot be reduced to a sentence for one burglary.
Methodology
We retained completed New York City cases that expressly identified second-degree burglary and a final sentence. The observed range uses only prison terms directly allocated to the target conviction. Attempted burglary, third-degree burglary, pending cases, and unallocated aggregate totals were excluded from that range.
Sources
Disclaimer
General information only, not legal advice. Sentencing depends on the exact subsection, record, plea, enhancements, and facts.