Burglary vs Criminal Trespass in New York
Side-by-side comparison based on 56,209 DCJS pretrial release records · 2019–2024
Statistics from DCJS pretrial release data for informational purposes only. Not legal advice. These are different charges with different legal elements — consult a licensed New York attorney for guidance on your specific situation.
According to 56,209 DCJS pretrial release records from 2019–2024, Burglary cases across 58 New York counties have an average dismissal rate of 35.2% and conviction rate of 64.1%, while Criminal Trespass cases across 46 counties have an average dismissal rate of 56.5% and conviction rate of 43.4%.
Top Counties Comparison
How the highest-volume counties handle each charge.
Burglary — Top Counties
Source: DCJS Pretrial Release Data, 2019–2024 — NewYorkCourtFile.com
What the Data Shows
Burglary and Criminal Trespass are distinct charges with different legal elements, but defendants sometimes face questions about how they compare. Based on 56,209 DCJS pretrial release records from 2019–2024:
- Volume: Burglary is more commonly charged (37,263 cases) than Criminal Trespass (18,946 cases)
- Dismissals: Criminal Trespass has a higher average dismissal rate (56.5%) compared to Burglary (35.2%)
- Variation: Both charges show significant variation in outcomes across New York counties — the county where a case is heard matters
These statistics reflect aggregate patterns across New York counties and do not predict individual case outcomes. The legal elements, potential consequences, and defense considerations differ between these charges. Consult a licensed New York attorney for guidance on your specific situation.
Common Questions
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The data tells part of the story. A defense attorney can tell you the rest — specific to your case and your county.