Is Burglary a Felony or Misdemeanor?

Burglary is a serious crime in the United States. It’s usually a felony, especially if it involves a home, a weapon, or someone getting hurt. Not all burglary charges are the same, though. The penal code in each state defines burglary differently, and the punishment varies based on the details of the case.

If you or someone you know is facing burglary charges, legal guidance is critical. A skilled criminal defense attorney can review the details of your case and help you understand the range of options available to you, which may include fighting the charges. They may also negotiate with the prosecutor for reduced charges and/or penalties.

In the meantime, this article reviews the basics behind the crime of burglary. We also provide you with some key considerations involved in determining whether you’ll be charged with a felony offense or a misdemeanor.

Let’s start with the legal definition of burglary.

What Is Burglary?

The definition of burglary might surprise you. It’s not just breaking into a home or stealing something.

In criminal law, burglary refers to the unlawful entry into a building or structure with the intent to commit a crime within, usually either theft, assault, or vandalism. It doesn’t have to involve forced entry or breaking a window. Entry without permission with criminal intent is enough.

Even if you don’t steal anything, you can still be charged with burglary if you entered a place illegally and planned to commit a crime. This idea originates from common law, the ancient English legal system that has helped shape U.S. laws.

The specific type of crime that must be intended varies from state to state. Some require intent to commit a felony, while others include any criminal act.

Burglary is classified as a type of property crime and can occur in homes, businesses, or other types of buildings. It’s different from larceny, shoplifting, and petty theft, which all involve stealing but not necessarily entering a building unlawfully. Each state has its own penal code, or set of criminal laws, that explains what constitutes burglary and outlines the punishment for it.

Felony vs. Misdemeanor Burglary

In most cases, burglary is a felony offense. A felony is a serious crime that can result in lengthy jail time and a permanent criminal record. Burglary may also be treated as a misdemeanor, which is a less serious offense. Many states’ penal codes classify burglary based on the seriousness of the crime and the location where it occurred.

Some states treat burglary as a wobbler offense. This means it can be charged as a misdemeanor or a felony, depending on the circumstances. For example, if someone enters a commercial building without a weapon and doesn’t steal anything, they might face misdemeanor charges. But A person who enters a home with a dangerous weapon is more likely to end up with felony charges.

A key factor in burglary charges is often the type of building involved. States tend to treat residential burglary more harshly than burglary at a commercial building, like a shop or warehouse.

Entering a home while someone is inside makes the crime even more serious. The law often treats this as an occupied structure, which can increase the risk and the severity of the punishment.

Degrees of Burglary

State penal codes often divide burglary into degrees based on the seriousness of the offense. We explore these degrees briefly below.

First-Degree Burglary

First-degree burglary usually involves entering a residence, like a house or apartment, when someone is present inside. If the person has a deadly weapon or causes harm, the charges can be even more serious. This is almost always a felony and can lead to state prison time.

Second-Degree Burglary

Second-degree burglary often involves entering a building that’s not a home, like a store or office. It’s still serious, but it may carry a lesser jail term than first-degree burglary. However, it’s still usually a felony.

Third-Degree Burglary

Some states have third-degree burglary laws. This might include:

• Trying to break in but not succeeding
• Entering a shed or garage without a weapon or anyone inside

Third-degree burglary can be classified as either a felony or a misdemeanor, depending on the specific circumstances.

What Happens if You’re Found Guilty of Burglary?

If someone is found guilty of burglary, the penalties will depend on the seriousness of the crime and the individual’s prior criminal record. A person with a clean criminal record might get probation or county jail time. Someone with past convictions, like DUI or drug charges involving a controlled substance, might face state prison.

A burglary conviction on your record can hurt your job prospects, ability to lease an apartment, and eligibility for a loan. Even a misdemeanor can cause you issues down the road.

Legal Defenses

It’s important to remember that a burglary charge is not a conviction. The prosecutor still needs to prove the elements of burglary with sufficient admissible evidence.

A solid criminal defense lawyer can review the prosecution’s case against you and identify any weaknesses. Accordingly, they may recommend asserting a legal defense to challenge the charges.

Some common burglary defenses include:

• No unlawful entry: You didn’t enter the building illegally or had permission to enter
• Lack of intent: You didn’t plan to commit a crime inside
• Mistaken identity: You were mistaken for someone else
• Procedural challenges: The police didn’t follow proper procedures during arrest or while handling evidence

While most criminal cases don’t go to trial, you still need to build an effective defense strategy for leverage during plea bargaining. In some cases, a strong defense can get your charges dismissed. In others, it may play an important role in your position when negotiating a plea deal. For example, your attorney might be able to convince the prosecutor to reduce a felony charge to a misdemeanor burglary offense, or even petty theft.

Getting Legal Advice

If you’re facing burglary charges, a good first step is to consult a criminal defense attorney licensed in your state. You can share the details of your case with them confidentially so they can provide you with a complete picture of your options. These types of lawyers also tend to be skilled at scrutinizing the evidence against you and negotiating with prosecutors.

Finding the right attorney for yourself can be tricky. As such, FindLaw has compiled a reputable directory of criminal defense attorneys and made it available to the public. To review ratings and background information for qualified advisors in your area, click on your location.

Take a moment to review their experience, then connect with one sooner rather than later to begin strategizing for the best possible outcome in your case. A trusted advocate who knows the system can be your most important ally right now.