Criminal Trespass in the Second Degree (NY Penal Law §140.15) is the same as in the Third Degree except that the building you entered was a home.

Criminal Trespass in the Second Degree is a class A misdemeanor. You face up to 1 year in jail, 3 years’ probation, up to a $1,000 fine and court fees, as well as possibly an order of protection and community service.

Burglary in the Second Degree (NY Penal Law §140.25) does the same increase and is charged when the building you entered with the intent to commit a crime was a home. You can also be charged with this degree of Burglary in buildings that are not homes if you (1) cause physical injury to someone in that building; (2) possess a dangerous instrument; or (3) display a firearm.

Burglary in the Second Degree is a class C violent felony. 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 Second Degree, a prison sentence is mandatory, between 3 ½ to 15 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.