New York Burglary Laws

Summary

Burglary in New York is categorized into degrees under Penal Law Article 140. Entering a dwelling unlawfully to commit theft, such as stealing a necklace, could qualify as second-degree burglary. The statute of limitations for burglary is generally 5 years, so incidents from many years ago may not be prosecutable. Consult a lawyer for civil options if applicable.

Full Conversation

So if a person was in a persons house and crawled through their window to get in and took a necklace
Under New York Penal Law, crawling through a window to enter someone's house and taking an item (e.g., a necklace) could qualify as burglary. Here's how it could be categorized:
- Third-degree burglary (§*.*): Unlawfully entering a building with intent to commit a crime.
- Second-degree burglary (§*.*): If the building is a dwelling (a residence), it elevates to second-degree burglary.
- First-degree burglary (§*.*): If the person was armed, caused injury, or used a dangerous instrument during the burglary.
This situation likely fits second-degree burglary if no weapons or injuries were involved.
My uncle snook into my mom's house she wasn't home and basically he crawled through a window because the door was locked and went in her drawer and stole her necklace
Sneaking into someone's house by crawling through a window and taking an item, as described, would likely qualify as second-degree burglary under New York Penal Law §*.* because the house is a dwelling. If your mom wants to take action, she can report the incident to the police.
It happened many years ago and she never reported it it because it was her brother
Case Rating: *
There’s no statute of limitations for some serious crimes, but for burglary in New York, the statute of limitations is generally 5 years. If this happened many years ago, it may be too late for criminal prosecution. However, you could still consult a lawyer about any civil options.