Burglary charges carry serious consequences that extend far beyond typical theft offenses. Burglary is defined as unlawfully entering a structure with the intent to commit a crime inside. You can be convicted of burglary even if you never actually commit the intended crime or steal anything.

Elements of Burglary

To convict someone of burglary, prosecutors must prove three elements: unlawful entry or remaining in a structure, without permission, and with intent to commit a felony or theft inside. The crime is complete the moment you enter with criminal intent—whether you succeed in committing the planned offense is irrelevant.

Unlawful entry doesn't require breaking in. Walking through an unlocked door without permission constitutes entry. Even entering a store during business hours can be unlawful entry if you entered with intent to steal. The manner of entry affects the degree of charge but not whether burglary occurred.

Intent to commit a crime is crucial. If you entered without criminal intent but formed intent later, that's not burglary—though other charges may apply. Prosecutors typically prove intent through circumstantial evidence: tools possessed, statements made, or the nature of the subsequent crime.

Degrees of Burglary

First-degree burglary typically involves residential properties where people live. Residential burglary is treated most seriously because of the potential for confrontation and violence. Many states classify first-degree burglary as a violent felony even if no one was harmed.

Second-degree burglary usually applies to commercial properties, vehicles, or other non-residential structures. While still a felony in most states, penalties are generally less severe than for residential burglary.

Some states recognize third-degree burglary for entering vehicles or outbuildings with criminal intent. This may be a misdemeanor or lower-level felony depending on the jurisdiction.

Aggravating Factors

Several factors can elevate burglary charges and increase penalties. Being armed during the burglary significantly increases the seriousness of the charge, often adding years to potential sentences. Injuring someone during the burglary can result in additional assault or robbery charges.

Burglary of an occupied dwelling—when people are home—is treated more severely than burglarizing an empty residence. Targeting vulnerable victims like elderly residents or homes with children may also enhance penalties.

Having accomplices can affect charges differently in different jurisdictions. Some states increase penalties for burglaries committed in groups, while others charge each participant based on their individual role.

Penalties for Burglary

First-degree residential burglary is often punishable by 2-6 years in prison, with higher sentences for aggravating factors. In some states, residential burglary is a "strike" offense under three-strikes laws, meaning a second or third offense can result in dramatically enhanced sentences.

Second-degree commercial burglary typically carries 1-3 years in prison, though probation is possible for first-time offenders without aggravating circumstances. Even "lesser" burglary convictions result in permanent felony records affecting employment, housing, and rights.

Common Defenses

Lack of intent is a crucial defense. If you entered a building for legitimate purposes and only later decided to take something, you haven't committed burglary (though theft charges may apply). Proving the absence of intent at the moment of entry can defeat burglary charges.

Permission to enter negates the unlawful entry element. If you had consent to be in the building—even if you later exceeded that permission—burglary may not apply. Evidence of permission can include testimony, written authorization, or circumstances showing apparent authority to enter.

Misidentification is common in burglary cases, particularly when witnesses see someone from a distance or in poor lighting. Alibi evidence showing you were elsewhere, or challenging the reliability of witness identifications, can be effective defenses.

Lack of evidence of entry may apply when police can't prove you were actually inside the structure. Being found outside a building, even with suspicious circumstances, may not be enough to prove you entered.

Related Charges

Prosecutors often file multiple charges alongside burglary. Trespassing is a lesser offense that doesn't require criminal intent. Possession of burglary tools criminalizes having certain items with intent to use them for burglary. You could face theft, vandalism, or assault charges for crimes committed during the burglary.

In some cases, negotiating a reduction to trespassing or attempted burglary may be possible, resulting in significantly lower penalties than a full burglary conviction.

Getting Legal Help

Burglary charges require an aggressive defense strategy. An experienced criminal defense attorney can challenge the prosecution's evidence on each element, negotiate for reduced charges, and develop defenses specific to your circumstances. Given the serious felony consequences, professional legal representation is essential.