Criminal Trespass in the First Degree (NY Penal Law §140.17) is again knowingly and unlawfully entering a building but this time while possessing a firearm, rifle, or shotgun. Keep in mind, for this crime, it does not matter if you are legally allowed to possess such item, nor does it matter if you never intended to do anything wrong. The crime is being in the building when you are not allowed to be and with a firearm, rifle, or shotgun.
Criminal Trespass in the First Degree is a class D felony. You face up to 7 years in state prison, up to 5 years’ probation, up to a $5,000 fine and court fees, as well as possibly an order of protection and community service.
Burglary in the First Degree (NY Penal Law §140.30), as with Burglary in the Second Degree, requires unlawfully being in a home with the intent to commit a crime. To become a First-Degree Burglary, while unlawfully in the home: (1) someone suffers a physical injury; or (2) you possess a dangerous instrument or display a firearm.
Burglary in the First Degree is a class B violent felony. As with Burglary in the Second Degree, this is a violent felony by definition and it does not matter if you never hurt anyone and never meant to hurt anyone. If convicted of Burglary in the First Degree, a prison sentence is mandatory, between 5 to 25 years. You are also subject to post release supervision after your release between 2 ½ to 5 years. You also face up to a $5,000 fine and court fees, as well as possibly an order of protection.