{"id":352009,"date":"2023-10-02T15:55:06","date_gmt":"2023-10-02T20:55:06","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/burglary-penalties-and-sentencing.html"},"modified":"2023-10-02T15:55:06","modified_gmt":"2023-10-02T20:55:06","slug":"burglary-penalties-and-sentencing","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/burglary-penalties-and-sentencing.html","title":{"rendered":"Burglary Sentencing and Penalties"},"content":{"rendered":"\n
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Burglary Sentencing and Penalties<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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If you are tried and convicted of burglary charges, the case will go back to the judge so they can issue your sentence. Judges determine a defendant’s sentence based on the language of the relevant state statutes. They will also consider the facts of the case.<\/p>\n\n <\/div>\n\n\n\n

In a burglary case, the degree of the criminal charge will influence the sentence a judge imposes. Your sentence also depends on whether the facts of your case warrant a misdemeanor or felony charge. Depending on the facts of your case, the state may file first-degree, second-degree, or third-degree burglary charges<\/a> against you.<\/p>\n

The following is an overview of burglary sentencing and penalties. It includes factors considered by the court and hypothetical examples of burglary cases. Talk to a criminal defense lawyer<\/a> about how to lower or avoid these penalties if you face burglary charges.<\/p>\n

The Crime of Burglary<\/h2>\n

Most statutes define\u00a0burglary<\/a>\u00a0as the unlawful entry into any structure with the intent to commit a crime. It doesn’t matter what crime you plan on committing once inside. While burglary laws\u00a0vary from state to state<\/a>, this definition is standard.<\/p>\n

For the state to convict you of this crime, they must prove their case beyond a reasonable doubt. This is a serious charge \u2014 you may want to seek legal representation immediately after your arrest.<\/p>\n

Depending on the facts of your case, you may face time in state prison. It’s crucial that your burglary attorney has ample time to devise your defense strategy.<\/p>\n

Burglary Sentencing Factors<\/h2>\n

Burglary statutes will generally contain several options for judges to consider when they\u00a0hand down a sentence<\/a>. Sometimes, the statutes will list several distinct sentences. For example, the judge may have the discretion to issue a one-year, two-year, or three-year prison sentence. Statutes could also contain alternative sentences, such as fines or restitution.<\/p>\n

To select the\u00a0actual burglary sentence<\/a>, judges will consider these statutory ranges in addition to any aggravating and mitigating factors that might be present in the case.<\/p>\n

Aggravating factors are those things surrounding the case that tend to make it a more serious matter. This can include the presence of a particularly vulnerable victim or the defendant’s leadership role in the crime.<\/p>\n

Some of the more common aggravating factors that can increase your sentence include:<\/p>\n