Understanding Queens Burglary Charges and How They Are Prosecuted

Queens has recently seen a surge in burglary-related arrests, with a notable case at 33rd Avenue and Prince Street highlighting the seriousness of these charges. According to Fox5 New York, law enforcement officials are aggressively pursuing burglary suspects, especially when incidents involve weapons or potential threats to public safety. The trial linked to recent gun charges stemming from this case began on June 6, 2025, underscoring the urgency and attention these crimes are receiving from prosecutors and the community.

Burglary is a felony offense under New York Penal Law, carrying severe penalties that can include lengthy prison terms, steep fines, and a permanent criminal record. The consequences go beyond jail time, impacting employment, housing, and even immigration status. For individuals accused of burglary in Queens, it is essential to understand the charges, the legal process, and the potential defenses that can protect their rights.

At Petrus Law, we have extensive experience defending clients against burglary charges throughout Queens and New York City. Our attorneys know how prosecutors build their cases and what it takes to dismantle their arguments. If you are facing burglary charges or have questions about your legal options, call Petrus Law at (646) 733-4711 or contact us today for a confidential consultation.

Details of the Queens Burglary Incident at 33rd Avenue and Prince Street

A recent burglary incident in Queens has drawn citywide attention after a police confrontation led to heightened criminal charges. According to Fox5 New York, the events unfolded near 33rd Avenue and Prince Street, a bustling area known for its mix of residential and commercial properties. The incident involved a suspect accused of burglary and gun possession, leading to a standoff with the NYPD. The trial for related gun charges officially began on June 6, 2025, marking a key point in the ongoing case.

Location of the Incident in Queens

The confrontation occurred in Flushing, Queens, at the intersection of 33rd Avenue and Prince Street. This area is a highly trafficked zone with numerous small businesses and apartment complexes, making it a focal point for law enforcement when property crimes occur.

Police Response and Arrest

The NYPD responded swiftly to reports of suspicious activity in the area. When officers arrived, the suspect allegedly attempted to flee, leading to an escalation that involved police gunfire. Although no bystanders were injured, the event has raised serious concerns about burglary-related crimes and firearm offenses in the borough.

Connection to Queens Crime Trends

Burglary cases in Queens have been on the rise, prompting city officials to focus on crime prevention and community safety. The NYPD’s crime statistics portal provides up-to-date data on burglary and property crime trends across the city. These numbers highlight why prosecutors are pursuing burglary cases with increased severity.

The Legal Definition and Degrees of Burglary in New York

Understanding how burglary is defined under New York law is crucial for anyone facing Queens burglary charges. Burglary is considered a felony offense under New York Penal Law Article 140, which outlines different degrees of the crime based on the circumstances of the incident, the location involved, and whether weapons or injuries were present. The New York State Senate’s official website provides the full text of Article 140, which prosecutors often use to determine the severity of a charge.

How New York Penal Law Defines Burglary

According to New York Penal Law Section 140.20, burglary occurs when a person unlawfully enters or remains in a building with the intent to commit a crime. This intent can involve theft, assault, or any other criminal act. The New York Courts Criminal Jury Instructions explain that prosecutors must prove not only unauthorized entry but also the specific intent to commit a crime inside the premises. Without evidence of this intent, a charge of burglary may not hold up in court.

The courts take burglary seriously because it involves both property invasion and potential harm to individuals inside the building. The state’s strict interpretation of intent, combined with the context of the incident, is what often leads to lengthy prison sentences and permanent criminal records for those convicted.

The Different Degrees of Burglary

New York law divides burglary into three degrees, each carrying different levels of punishment and legal exposure. These degrees are defined by the circumstances surrounding the offense and the perceived danger posed by the suspect.

Third Degree Burglary

Third-degree burglary, as described under Penal Law Section 140.20, is the most basic form of burglary. It involves unlawful entry into any building with the intent to commit a crime. Although considered the least severe of the burglary charges, it is still classified as a Class D felony, which can result in up to seven years in state prison.

Judges often take into account the nature of the building involved and the actions of the accused when determining sentencing. According to the New York Unified Court System, repeat offenders are more likely to face harsher penalties, particularly if they have prior convictions for property crimes or other felonies.

Second Degree Burglary

Second-degree burglary is considered more serious because it typically involves aggravating factors, such as unlawful entry into a dwelling or the presence of a weapon during the offense. The legal language for this charge can be reviewed under Penal Law Section 140.25. This offense is categorized as a Class C felony, which carries a maximum sentence of 15 years in prison.

The presence of any aggravating factors, like the use of force or the threat of injury, elevates the severity of the crime. Prosecutors often pursue second-degree charges when a burglary occurs in a home or residential setting, as these cases are viewed as direct threats to the safety of the occupants.

First Degree Burglary

First-degree burglary is the most serious charge under Article 140 and is defined under Penal Law Section 140.30. It is a Class B violent felony, which can result in a prison sentence of up to 25 years. This degree applies when the defendant is armed, causes injury, or uses or threatens the use of a dangerous instrument during the commission of the crime.

The New York State Division of Criminal Justice Services outlines sentencing statistics for violent felonies, showing that first-degree burglary almost always results in lengthy incarceration. Courts rarely grant leniency in these cases, especially when there is evidence of harm to victims or the use of a firearm.

The Role of Intent in Queens Burglary Cases

A critical element in every burglary case is proving intent. The prosecution must demonstrate that the accused did not merely enter the property but did so with the specific purpose of committing a crime inside. The Cornell Law School Legal Information Institute explains that intent is a mental state, which often requires circumstantial evidence, such as tools found at the scene or suspicious behavior before entry.

Evidence Prosecutors Use to Prove Intent

Prosecutors often rely on a combination of surveillance footage, witness testimony, and forensic evidence to prove intent in burglary cases. For instance, finding tools commonly used for breaking and entering or stolen property can be enough to demonstrate criminal intent. The Innocence Project has documented cases where circumstantial evidence was misinterpreted, leading to wrongful convictions, which highlights the need for a skilled defense strategy.

How Defense Attorneys Challenge Intent

Defense attorneys often challenge the prosecution’s narrative by questioning the circumstances under which the accused was found on the property. If the entry was accidental or there was no intent to commit a crime, the charge of burglary may be reduced or dismissed. Legal professionals frequently refer to case precedents from the New York Court of Appeals to argue against the prosecution’s interpretation of intent.

Penalties and Long-Term Consequences of a Burglary Conviction

The consequences of a burglary conviction extend far beyond the courtroom. A felony record can lead to the loss of employment opportunities, housing restrictions, and immigration consequences for non-citizens. The American Bar Association explains that collateral consequences of a felony conviction can affect every aspect of a person’s life, including their right to vote or own firearms.

How Burglary Convictions Affect Immigration Status

Non-citizens facing burglary convictions in Queens may also face removal proceedings or permanent inadmissibility. The U.S. Citizenship and Immigration Services categorizes certain felonies as crimes of moral turpitude, which can lead to deportation. This is why defense attorneys must consider both criminal and immigration consequences when crafting a legal strategy.

Common Defenses Against Queens Burglary Charges

Building a strong defense against burglary allegations in Queens requires a thorough understanding of both New York law and the evidence prosecutors intend to present. A burglary conviction can lead to severe penalties, but an experienced defense attorney can challenge the state’s case on multiple fronts. The New York State Unified Court System emphasizes that defendants are presumed innocent until proven guilty beyond a reasonable doubt, and this high standard often works in favor of well-prepared legal defenses.

Challenging Unlawful Search and Seizure

A significant portion of burglary cases involves evidence gathered through police searches. If law enforcement officers did not follow the correct procedures, the evidence they obtained may be deemed inadmissible in court.

Fourth Amendment Protections

The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. According to the American Civil Liberties Union, any search conducted without a valid warrant or probable cause may violate these constitutional rights. Defense attorneys often file motions to suppress evidence if they can prove that the police failed to adhere to these legal standards.

How Evidence Can Be Suppressed

Evidence such as stolen property or burglary tools may be excluded from trial if it was seized illegally. The New York Civil Liberties Union provides guidance on how improper search methods, including warrantless searches or invalid warrants, can lead to the dismissal of key evidence.

Questioning the Element of Intent

Prosecutors must prove that the accused intended to commit a crime inside the building they entered. Without sufficient evidence of this intent, the charge of burglary may not stand.

Proving Lack of Criminal Intent

Defense attorneys frequently argue that their clients did not have the intent to commit a crime. According to the Cornell Law School Legal Information Institute, intent is a state of mind that can be difficult to prove beyond a reasonable doubt. A person may have entered a building for lawful purposes, or their presence on the property might have been a misunderstanding rather than an attempt to commit a crime.

Using Circumstantial Evidence to Challenge Intent

Circumstantial evidence, such as tools or clothing, is often used to infer intent. However, the Innocence Project highlights that such evidence can be misleading. A skilled attorney can present alternative explanations for the presence of these items to cast doubt on the prosecution’s case.

Establishing Consent or Lawful Entry

Establishing consent or lawful entry can significantly weaken the prosecution’s case in a burglary trial. Burglary charges hinge on the idea that someone entered a property without permission and with criminal intent. If the defendant can show that they had explicit or implied consent to enter the property, then one of the primary elements of burglary, unauthorized entry, is not met. For example, if the accused had been invited into the building by the owner or a lawful occupant, their presence cannot legally be considered trespassing.

Proving Authorized Access

If a defendant can demonstrate that they were invited onto the premises or had lawful access, the burglary charge may be invalid. The New York State Bar Association explains that consent is a complete defense to burglary, as the crime requires unauthorized entry.

Disputing Ownership and Control

Property disputes or misunderstandings about ownership can also lead to wrongful burglary allegations. Attorneys often examine leases, rental agreements, or witness statements to show that the defendant’s presence on the property was lawful.

Mistaken Identity and False Accusations

Mistaken identity is a common issue in burglary cases, especially when the primary evidence comes from eyewitness testimony or surveillance footage.

The Reliability of Eyewitness Testimony

The National Institute of Justice has documented the unreliability of eyewitness accounts due to stress, poor lighting, or bias. Defense attorneys frequently use expert witnesses to challenge the accuracy of identifications made during police lineups or in court.

Surveillance Footage Analysis

Video footage is often used in burglary prosecutions, but it is not always clear or reliable. The Electronic Frontier Foundation warns that surveillance technology, including facial recognition, can produce false positives. A defense team may hire video forensics experts to analyze and challenge this evidence.

Alibi and Evidence of Innocence

A strong alibi can be one of the most effective defenses against burglary charges in Queens. When a defendant can clearly demonstrate that they were not present at the scene of the crime, it creates reasonable doubt that can undermine the prosecution’s case. Courts often place significant weight on well-documented alibis, especially when they are corroborated by reliable evidence.

For example, time-stamped video footage, GPS data, or digital communications can all serve as credible proof of a defendant’s whereabouts during the time of the alleged burglary. The New York Unified Court System acknowledges that even a single piece of strong evidence supporting an alibi can lead to a reduction or dismissal of charges.

Presenting a Solid Alibi

If a defendant can provide credible evidence that they were elsewhere when the burglary occurred, the charges may be dismissed. Alibi witnesses, digital records such as GPS data, and time-stamped receipts can all support this defense. Courts frequently accept these types of evidence when corroborated by multiple sources.

Penalties and Sentencing for Queens Burglary Charges

Burglary charges in Queens carry some of the harshest penalties under New York law. Convictions can lead to years in state prison, significant fines, and a permanent felony record that impacts every aspect of a person’s life. The New York State Unified Court System outlines strict sentencing guidelines for burglary offenses, which are classified as felonies under Article 140 of the New York Penal Law. Understanding these penalties is critical because even a single conviction can permanently alter someone’s future. Judges in Queens Criminal Court often follow a rigid sentencing framework that considers both the severity of the burglary and the defendant’s prior criminal history.

How New York Classifies Burglary Sentences

New York categorizes burglary into three degrees, each with its own sentencing range. The severity of the penalty is determined by factors such as whether the property was a dwelling, whether a weapon was used, and whether injuries were caused during the commission of the crime. According to the New York State Senate website, third-degree burglary is a Class D felony with a maximum prison term of seven years, second-degree burglary is a Class C felony punishable by up to fifteen years, and first-degree burglary is a Class B violent felony with penalties reaching twenty-five years in prison.

The New York Sentencing Commission provides detailed statistics showing that burglary cases frequently result in incarceration rather than probation. This is because burglary is often viewed as a crime that endangers public safety, especially when it occurs in occupied residences. Even first-time offenders face a high risk of jail time due to mandatory sentencing guidelines.

Role of Violent Felony Designation

First-degree burglary is considered a violent felony, which means it is subject to mandatory minimum sentencing under New York Penal Law Article 70. The New York Courts’ sentencing guidelines explain that a violent felony designation limits a judge’s ability to impose alternative sentences such as probation or community service. Defendants convicted of violent felonies often face determinate sentences, meaning they must serve a fixed period of incarceration without the possibility of early release.

This violent classification also affects post-release conditions. Individuals released after serving time for first-degree burglary remain under strict supervision by the New York State Department of Corrections and Community Supervision, which imposes curfews, regular check-ins, and other restrictions designed to monitor behavior closely.

Aggravating Factors That Increase Sentencing

Certain aggravating circumstances can lead to enhanced sentencing. For example, if a firearm was present during the burglary, the charge can escalate to first-degree, which brings significantly longer prison terms. The Bureau of Alcohol, Tobacco, Firearms and Explosives notes that the presence of a weapon during a burglary is treated as a high-risk factor that can trigger additional penalties. Similarly, if someone was injured during the offense, the court may impose harsher penalties as a means of deterrence and public protection.

Financial Penalties and Restitution

In addition to incarceration, burglary convictions often involve heavy financial penalties. Defendants may be required to pay fines and restitution to compensate victims for stolen or damaged property. The New York State Division of Criminal Justice Services states that restitution is intended to help victims recover their losses, but the financial burden on defendants can be substantial, especially when combined with court costs and legal fees.

Judges also have the authority to impose surcharges and crime victim assistance fees, which are automatically added to the total cost of a conviction. According to the Legal Aid Society, these additional financial penalties can make it difficult for individuals to rebuild their lives after serving time.

Impact on Employment and Professional Licensing

A burglary conviction creates a permanent felony record, which can disqualify a person from obtaining certain professional licenses or government jobs. The American Bar Association notes that collateral consequences of a felony conviction often extend beyond the immediate sentence, affecting career paths, eligibility for housing, and the ability to obtain financial aid for education. Many employers conduct background checks and may refuse to hire someone with a burglary conviction, regardless of how long ago it occurred.

Housing and Financial Restrictions

The U.S. Department of Housing and Urban Development has strict policies regarding applicants with felony convictions. Individuals convicted of burglary may be barred from public housing or denied rental applications from private landlords who conduct criminal background checks. Additionally, a felony record can impact access to loans, credit, and other financial services, making it difficult to regain stability after incarceration.

Immigration Consequences of Burglary Convictions

For non-citizens, a burglary conviction can have devastating immigration consequences. The U.S. Citizenship and Immigration Services categorizes many burglary offenses as crimes of moral turpitude, which can result in deportation, denial of visa applications, or permanent inadmissibility. Even lawful permanent residents can face removal proceedings if convicted of burglary under certain circumstances.

Defense attorneys frequently work with immigration specialists to evaluate how criminal charges might affect a client’s immigration status. The Immigrant Defense Project provides guidance on the intersection of criminal and immigration law, emphasizing the importance of avoiding convictions that could lead to deportation.

Post-Release Supervision and Civil Rights Loss

After serving time for a burglary conviction, individuals are often subject to post-release supervision, which includes strict monitoring and conditions such as mandatory meetings with parole officers. The New York State Department of Corrections and Community Supervision outlines the rules for post-release supervision, which can last several years depending on the nature of the offense.

Loss of Voting and Firearm Rights

Under New York State law, individuals with felony convictions lose certain civil rights, including the right to vote and own firearms. While voting rights can sometimes be restored after completion of a sentence, the process can be complicated and varies depending on the individual’s circumstances. The Brennan Center for Justice explains how felony disenfranchisement laws impact citizens and how legal remedies, such as certificates of relief from disabilities, may help restore certain rights.

Speak to a Queens Burglary Defense Attorney Today

If you are facing Queens burglary charges, every moment counts. A felony burglary conviction in New York can result in years behind bars, financial penalties, and life-changing consequences that affect employment, housing, and your reputation. The legal team at Petrus Law has extensive experience handling complex burglary cases across Queens and the greater New York City area. We know how prosecutors build their cases, and we use that knowledge to craft strong, strategic defenses that aim to protect your freedom and future.

The sooner you speak with an experienced defense lawyer, the more options you will have for building a strong case. We offer confidential consultations and are available to answer your questions, explain the legal process, and provide honest guidance about your rights.

If you or a loved one has been arrested or is under investigation for burglary, do not delay. Contact Petrus Law today to schedule a consultation with a skilled Queens burglary defense attorney. Call us at (646) 733-4711 or visit our contact page to get started. Our team is here to fight for you and provide the aggressive defense you need to protect your future.