Burglary

Definition of the offense

A burglary is committed when, with the intent to commit a crime therein, a person does any of the following:

  • 1) enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodation and at the time of the offense any person is present
  • 2) enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodation and at the time of the offense no person is present
  • 3) enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodation and at the time of the offense any person is present
  • 4) enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodation and at the time of the offense no person is present

It is a defense to the charge of burglary if any of the following are true:

  • - the building or structure was abandoned
  • - the premises are open to the public
  • - the actor is licensed or privileged to enter

Grading

Generally, a burglary is a felony of the first degree and punishable by maximum sentence of 20 years of incarceration and a $25,000.

A burglary under section 4 is a felony of the second degree and punishable by a maximum sentence of 10 years of incarceration and a $25,000 fine EXCEPT that, if a burglary under section 4 was committed with the intent to commit a theft of a controlled substance, then the offense is a felony of the first degree.

Burglary is a very serious charge and can result in a significant jail sentence. If you've been charged with Burglary, you need our experienced criminal defense attorneys on your side. Call our attorneys in Berks Count, PA at 610-372-5128 or submit your case online.