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%.

Burglary

37,263
Total Cases
58
Counties
Dismissal Rate 35.2%
Conviction Rate 64.1%
vs

Criminal Trespass

18,946
Total Cases
46
Counties
Dismissal Rate 56.5%
Conviction Rate 43.4%

How the highest-volume counties handle each charge.

Burglary — Top Counties

County Cases Dismissal Conviction
New York 6,370 41.7% 58.2%
Kings 6,023 63.6% 36.2%
Queens 3,591 36.4% 63.1%
Bronx 3,230 59.3% 40.4%
Erie 1,780 33.6% 65.2%

Criminal Trespass — Top Counties

County Cases Dismissal Conviction
Queens 2,962 54.1% 45.9%
Kings 2,644 80.4% 19.5%
New York 2,568 69.1% 30.9%
Bronx 1,120 78.0% 22.0%
Suffolk 1,104 56.4% 43.1%

Source: DCJS Pretrial Release Data, 2019–2024 — NewYorkCourtFile.com

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.

Burglary and Criminal Trespass are separate charges with different legal definitions and elements. Our data shows they have different outcome patterns: Burglary has a 35.2% average dismissal rate while Criminal Trespass has a 56.5% average dismissal rate. For information about the legal distinctions, consult a licensed New York attorney or the New York Penal Law.
Criminal Trespass has a higher average dismissal rate (56.5%) compared to Burglary (35.2%), based on 2019–2024 New York DCJS data. However, dismissal rates vary significantly by county. Visit the individual charge pages for county-specific data.
From 2019–2024, 37,263 Burglary cases were recorded across 58 counties, and 18,946 Criminal Trespass cases were recorded across 46 counties. View the full data on our Burglary and Criminal Trespass pages.

The data tells part of the story. A defense attorney can tell you the rest — specific to your case and your county.

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