Burglary is a serious offense with severe consequences. If you or someone you know is facing allegations, it’s important to fully understand the different types of burglary charges and what they mean for each case.
At Pike Law, we provide you with tools to navigate through these claims. Our criminal defense attorneys have helped many people fight burglary charges, and we harbor a deep understanding of our state’s laws and penalties.
This blog will explain the main types of burglary charges (residential, commercial, and auto), their differences, and potential legal ramifications. Whether you need to hire a burglary lawyer or simply want to understand the charges better, this guide provides helpful insights.
Types of Burglary Charges
Burglary charges vary based on the type of property involved and the intent behind the act. Here’s a closer look at the different types:
1. Residential Burglary
Entering a dwelling unlawfully with the intent to commit theft or another crime constitutes residential burglary. This type of burglary is often considered more severe due to the invasion of personal living spaces. Penalties can be harsh, including lengthy prison sentences and hefty fines.
Statistics indicate that residential/home burglaries are among the most common types of burglary, with at least 386,489 occurring in 2022 alone.
2. Commercial Burglary
Unlawfully entering a business or non-residential property with the intent to commit a crime is classified as commercial burglary. This often targets stores, offices, or warehouses. The intent can range from theft to vandalism or other criminal activities.
These types of burglaries are considered serious property crimes and are the second most common, falling only behind residential burglaries.
3. Auto Burglary
Breaking into a motor vehicle to commit a crime (typically theft) is known as motor vehicle burglary. This includes stealing the car itself or items inside it.
Auto burglary is distinct from car theft, as it specifically involves unlawful entry with intent to commit another crime.
The National Insurance Crime Bureau (NICB) reported over 1 million vehicle thefts in 2023, highlighting a nationwide surge.
Burglary Laws and Penalties in Pennsylvania
Pennsylvania has stringent burglary laws categorized by degrees, each carrying different penalties. Felony burglary charges can lead to harsher penalties, long-term consequences on the criminal record, and impact on rights such as employment and voting.
Understanding these various degrees and their corresponding sentencing times is crucial if you’re facing burglary charges in the state.
1. First-Degree Burglary
This is the most serious type of burglary charge. First-degree burglary involves unlawfully entering or staying inside a building with the intention of committing a violent crime or other crime against a person or property within.
The use of a deadly weapon or assaulting anyone while entering or leaving the building typically leads to this charge. Penalties for first-degree burglary include up to 20 years in prison and fines of up to $25,000.
2. Second-Degree Burglary
Second-degree burglary charges apply when someone unlawfully enters a building without being armed and with the intention of committing theft or violence.
Factors such as the evidence presented, the crime committed after entry, and prior convictions can influence this charge.
Penalties for second-degree burglary can include up to 10 years in prison and fines of up to $25,000. Felony convictions can lead to harsher penalties, long-term consequences on the criminal record, difficulty finding employment and housing, and the potential loss of certain rights.
3. Third-Degree Burglary
Unlawfully breaking and entering into a building, even without stealing or committing violence, can lead to third-degree burglary charges. The intent to steal or commit a crime upon unlawful entry is sufficient for this charge.
Penalties for third-degree burglary can include up to 10 years in prison and similar fines as second-degree charges.
4. Fourth-Degree Burglary
Fourth-degree burglary, the least severe, is considered a misdemeanor. This charge applies to stealing from areas connected to businesses or homes, such as yards or fenced-in areas.
Penalties for fourth-degree burglary include up to 3 years in prison and appropriate fines.
5. Pennsylvania’s Three Strikes Law
The “Three Strikes” rule in Pennsylvania mandates at least 25-year sentences for individuals convicted of three violent or serious offenses.
For example, if someone with two prior convictions for violent crimes is convicted of burglary that resulted in loss of life, which is considered a violent felony, they could face life imprisonment without the possibility of parole.
How a Burglary Lawyer Helps
Hiring a burglary lawyer is important for navigating the complexities of these charges. An experienced attorney can assist in several ways:
- Case Evaluation: A comprehensive evaluation of your case involves examining all details to identify the best defense strategy. This includes reviewing the circumstances of your arrest, the evidence collected, and any witness statements. A thorough assessment can reveal potential weaknesses in the prosecution’s case and areas where your rights may have been violated.
- Evidence Analysis: Scrutinizing evidence for inconsistencies or weaknesses is important for building a defense. Your lawyer will look for signs of tampering, improper handling, or misinterpretation, revealing flaws in the prosecution’s case that can be challenged.
- Negotiation: Working with prosecutors to potentially reduce charges or penalties is a key function of a burglary lawyer. Experienced attorneys often secure plea deals resulting in lesser charges or reduced sentences. They may argue for alternative sentencing options, such as probation or community service, rather than jail time.
- Legal Representation: In court, your attorney will advocate on your behalf, presenting evidence and arguments to support your defense. They will cross-examine witnesses, challenge the admissibility of certain evidence, and file legal motions to dismiss or reduce the charges.
Pike Law Is Here to Defend Your Rights
Facing burglary charges is a daunting experience, but the right legal representation can significantly impact the outcome of your case.
At Pike Law, our dedicated Pennsylvania burglary attorneys are committed to providing comprehensive legal support tailored to your unique situation. We understand this type of charge can have serious consequences, and we’ll do everything in our power to fight for your rights in court.
Don’t face burglary charges alone. Contact Pike Law today to schedule a consultation and learn how our burglary lawyers will advocate for you.
