{"id":387079,"date":"2025-11-26T18:11:15","date_gmt":"2025-11-26T23:11:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/?page_id=387079"},"modified":"2025-11-26T17:57:24","modified_gmt":"2025-11-26T22:57:24","slug":"is-burglary-a-felony-or-misdemeanor","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/is-burglary-a-felony-or-misdemeanor.html","title":{"rendered":"Is Burglary a Felony or Misdemeanor?"},"content":{"rendered":"\n
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Is Burglary a Felony or Misdemeanor?<\/h1>\n\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Laura Temme, 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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Burglary is usually charged as a felony, which is a serious crime that can result in prison time. It may be classified as a misdemeanor<\/span>, depending on the circumstances of the case. Key factors include the type of building entered (residential vs. commercial), whether weapons were involved, if anyone was present, and the state’s specific penal code<\/span> definitions.<\/p>\n\n <\/div>\n\n\n\n

Burglary is a serious crime in the United States. It\u2019s usually a felony, especially if it involves a home, a weapon, or someone getting hurt. Not all burglary charges<\/span> are the same, though. The penal code<\/span> in each state defines burglary<\/a> differently, and the punishment varies based on the details of the case.<\/p>\n

If you or someone you know is facing burglary charges<\/span>, legal guidance is critical. A skilled criminal defense attorney<\/span><\/a> 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.<\/p>\n

In the meantime, this article reviews the basics behind the crime of burglary<\/span>. We also provide you with some key considerations involved in determining whether you\u2019ll be charged with a felony offense<\/span> or a misdemeanor<\/span><\/a>.<\/p>\n

Let\u2019s start with the legal <\/span>definition<\/span> of burglary<\/span>.<\/p>\n

What Is Burglary?<\/h2>\n

The definition of burglary<\/span> might surprise you. It’s not just breaking into a home or stealing something.<\/p>\n

In criminal law<\/span><\/a>, burglary refers to the unlawful entry<\/span> into a building or structure with the intent to commit a crime within, usually either theft, assault, or vandalism. It doesn\u2019t have to involve forced entry<\/span> or breaking a window. Entry without permission with criminal intent is enough.<\/p>\n

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<\/span><\/a>, the ancient English legal system that has helped shape U.S. laws.<\/p>\n

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.<\/p>\n

Burglary is classified as a\u00a0type of property crime<\/span>\u00a0and can occur in homes, businesses, or other types of\u00a0buildings. It\u2019s different from larceny<\/span><\/a>, shoplifting<\/span><\/a>, and petty theft<\/span>, which all involve stealing but not necessarily entering a building unlawfully. Each state has its own penal code<\/span>, or set of criminal laws<\/span>, that explains what constitutes burglary<\/a> and outlines the punishment for it.<\/p>\n

Felony vs. Misdemeanor<\/span> Burglary<\/h2>\n

In most cases, burglary is a felony offense<\/span>. A felony is a serious crime that can result in lengthy jail time<\/span> and a permanent criminal record<\/span>. Burglary may also be treated as a misdemeanor<\/span><\/a>, which is a less serious offense. Many states\u2019 penal codes<\/span> classify burglary based on the seriousness of the crime and the location where it occurred.<\/p>\n

Some states treat burglary as a wobbler<\/span> offense. This means it can be charged as a misdemeanor<\/span> or a felony, depending on the circumstances. For example, if someone enters a commercial building<\/span> without a weapon and doesn\u2019t steal anything, they might face misdemeanor<\/span> charges. But A person who enters a home with a dangerous weapon<\/span> is more likely to end up with felony charges.<\/p>\n

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

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

Degrees of Burglary<\/h2>\n

State penal codes<\/span><\/a> often divide burglary into degrees based on the seriousness of the offense. We explore these degrees briefly below.<\/p>\n

First-Degree Burglary<\/span><\/h3>\n

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

Second-Degree Burglary<\/span><\/h3>\n

Second-degree burglary<\/span> often involves entering a building that\u2019s not a home, like a store or office. It\u2019s still serious, but it may carry a lesser\u00a0jail term than first-degree burglary<\/span>. However, it\u2019s still usually a felony.<\/p>\n

Third-Degree<\/span> Burglary<\/h3>\n

Some states have third-degree<\/span> burglary laws. This might include:<\/p>\n