Alabama Burglary Laws

By Melissa McCall, J.D. | Legally reviewed by Joseph Fawbush, Esq. | Last reviewed October 29, 2024

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The crime of burglary occurs when a person unlawfully enters a structure intending to commit a crime.

Burglary charges are based on the severity of criminal acts and subsequent punishment. Alabama law classifies the crime of burglary into three degrees based on underlying circumstances. First-degree burglary in Alabama carries harsher penalties than third-degree burglary.

Burglary differs from criminal trespass in that burglary requires the specific intent to commit a crime.

Degrees of Burglary

Alabama law has established three types of burglary under Title 13A of the Alabama Code:

First-Degree Burglary

In Alabama, first-degree burglary charges can apply to a person who knowingly and unlawfully enters (or remains in) a dwelling with an intent to commit a crime in the dwelling AND that person does one of the following:

  • Arms themselves with explosives

  • Physically injures (or causes a physical injury to) a person who is not participating in the crime

  • Uses or threatens the use of a deadly weapon or dangerous instrument to gain entry to the dwelling

First-degree burglary in Alabama is a Class A felony, punishable by ten to 99 years in prison (Ala. Code §13A-5-4).

Second-Degree Burglary

Second-degree burglary in Alabama also requires specific intent. Similar to first-degree burglary, second-degree burglary involves someone who knowingly or unlawfully enters (or remains in) a building. It differs in the intent to commit a specific crime.

Second-degree burglary charges apply when the alleged perpetrator had the intent to commit a theft or a felony on the premises AND does one of the following:

  • Arms themselves with explosives

  • Physically injures (or causes a physical injury to) a person who is not participating in the crime

  • Uses or threatens the use of a deadly weapon or dangerous instrument to gain entry to the dwelling

In contrast to burglary in the first degree, second-degree burglary includes an alternative definition of burglary that recognizes unlawful entry into a dwelling-house with the intent to commit a theft or felony (Ala. Code §13A-7-6 (b).

Second-degree burglary is a Class B felony, punishable by two to 20 years in prison (Ala. Code §13A-5-4)

Third-Degree Burglary

Third-degree felony in Alabama consists of unauthorized entry into different types of properties. For example, under Ala. Code §13A-7-7 (a)(1), a person commits burglary if they knowingly enter (or remain unlawfully) in a dwelling with the intent to commit a crime on the premises.

Under Ala. Code §13A-7-7 (a)(2), a person commits burglary if they knowingly enter (or remain unlawfully) in an occupied building with the intent to commit a crime on the premises. The type of property changes in Ala. Code §13A-7-7 (a)(3) to an unoccupied building.

Overview of Alabama's Burglary Laws

Statute

Alabama Code Sections §13A-7-5- §13A-7-7

Burglary in the First-Degree (Ala. Code §13A-7-5)

(a) A person commits the crime of burglary in the first degree if he or she knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while in dwelling or in immediate flight therefrom, the person or another participant in the crime:

(1) Is armed with explosives; or

(2) Causes physical injury to any person who is not a participant in the crime; or

(3) In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the dwelling or immediate flight from the dwelling, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.

(b) Burglary in the first degree is a Class A felony.

 

Burglary in the Second-Degree (Ala. Code §13A-7-6)

(a) A person commits the crime of burglary in the second degree if he or she knowingly enters or remains unlawfully in a building with intent to commit theft or a felony therein and, if in effecting entry or while in the building or in immediate flight therefrom, the person or another participant in the crime:

(1) Is armed with explosives;  or

(2) Causes physical injury to any person who is not a participant in the crime;  or

(3) In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the building or in immediate flight from the building, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.

(b) In the alternative to subsection (a) of this section, a person commits the crime of burglary in the second degree if he or she unlawfully enters a lawfully occupied dwelling-house with intent to commit a theft or a felony therein.

(c) Burglary in the second degree is a Class B felony.

Burglary in the Third-Degree (Ala. Code §13A-7-7)

(a) A person commits the crime of burglary in the third degree if any of the following occur:

(1) He or she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein;

(2) He or she knowingly enters or remains unlawfully in an occupied building with the intent to commit a crime therein;  or

(3) He or she knowingly enters or remains unlawfully in an unoccupied building with the intent to commit a crime therein.

(b) Burglary in the third degree is a Class C felony.

Get Legal Help

Burglary is a serious and specific felony that carries significant penalties. If you are facing burglary charges in Alabama, you should speak to an experienced criminal defense lawyer. They are experts in criminal law and will offer solid legal advice for your case. Speak to a qualified Alabama criminal defense attorney today.

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