HALFMOON -- A sergeant with the Saratoga County sheriff's office was arrested Tuesday for allegedly breaking into his ex-girlfriend's house.

Sgt. Brent Dupras, 41, was charged with burglary in the second degree, a felony. He has been suspended without pay.

Sheriff James Bowen said Wednesday Dupras has turned in his weapon and badge.

"He said he was sorry for the embarrassment this caused, but he wants his day in court," Bowen said.

Dupras was suspended for 30 days; further disciplinary action will depend on the outcome of the criminal case, Bowen said.

According to District Attorney James Murphy III, Dupras recently broke up with his girlfriend, with whom he had been living in Halfmoon. At 8:30 p.m. Tuesday he went to the home to reconcile with the woman. The conversation was amicable, Murphy said, but the couple did not get back together, and Dupras left. At 11:30 p.m., Dupras allegedly returned and broke into the house by removing a second-floor air conditioner from a window. The woman, who was alone and sleeping, was awaken by the commotion and threatened to call 911. Dupras allegedly took her cellphone and she used a landline to call for help. State Police responded, found Dupras in the house and arrested him.

The sergeant was arraigned in Halfmoon Town Court before Justice Lester Wormuth and released on his own recognizance. He is due back in court Sept. 13.

The sergeant's lawyer, Frederick Rench, said Dupras was overcharged and treated unfairly because of his occupation. The charge of burglary implies the defendant intended to commit a crime while inside the house, Rench said, and there is no allegation in the complaint he committed a crime, he said. The lawyer also said Dupras did not take the woman's cellphone, and noted Dupras had personal property at the house.

Dupras has been with the department for 17 years, the last four as a sergeant, Bowen said. His salary was $60,000. Bowen said Dupras served without incident other than harassment charges involving his ex-wife many years ago. The charges were dismissed, Bowen said.