District of Columbia Burglary Laws

While burglary conjures images of someone breaking into a stranger’s house in the middle of the night to steal their cash, jewelry, and other valuables, the laws cover more than that example. Long ago, under common law, burglary involved someone breaking and entering into a dwelling at night with the purpose of committing a crime.

Today, most jurisdictions have broadened the definition of this criminal offense by removing the requirement that it be committed at night. It’s also been expanded to include any building, not just a dwelling.

This article examines and explains the burglary laws in the District of Columbia, including the penalties and possible defenses. If you’re facing burglary charges, consider speaking with a criminal defense attorney to discuss your case. With so much at stake, having an expert on your side can make a huge difference.

How Does the District of Columbia Define the Crime of Burglary?

While it isn’t as serious as homicide, lawmakers in the District of Columbia treat burglary as a serious offense. A conviction for burglary may result in up to 30 years’ imprisonment and fines of up to $250,000.

The criminal laws in Washington, D.C. define burglary as unlawfully entering a building with the intent to commit a crime. They go a step further by dividing the crime into first-degree and second-degree burglary.

Under DC Code, a person is guilty of burglary in the first degree when they unlawfully enter an occupied dwelling with the intent to commit any crime inside. For a second-degree burglary charge, a person must have the same intent while entering an unoccupied building or structure.

It doesn’t matter if the secondary crime is completed or not. A person can be convicted of burglary even if they don’t successfully commit the intended crime. The unlawful entry with criminal intent is sufficient for a burglary charge.

Difference Between First- and Second-Degree Burglary

The primary difference between first-degree burglary and second-degree burglary is whether the building is occupied at the time of entry. If there are people present, the offender will face first-degree burglary charges. If there are no people in the building, the individual will face second-degree burglary charges.

Whether or not someone is inside the building at the time of a burglary, the crime is a felony. There are no misdemeanor burglary cases in the District of Columbia. While both degrees are serious offenses, penalties for first-degree burglary are much more severe than those for second-degree burglary.

What Are the Penalties for Committing a Burglary in D.C.?

As in most states, the penalties for burglary in the District of Columbia are stiff. Not only will a conviction result in a lengthy prison sentence, but it will also require the payment of significant fines.

The penalties for first- and second-degree burglary in Washington, D.C. are as follows:

• Burglary in the first degree: Imprisonment of at least five (5) years with a potential sentence of 30 years and fines of up to $75,000
• Burglary in the second degree: Imprisonment of between two (2) and fifteen years, and a fine of up to $37,500

If the burglary results in the death of another person, the fine increases to $250,000.

Possible Defenses to Burglary

Those accused of burglary require a strong defense to avoid a criminal conviction. A skilled DC burglary attorney is familiar with the law and the possible defenses to a burglary charge.

A few common defenses in a burglary include:

• Consent: You may be able to demonstrate that the person who owns the building you entered gave you permission to be there. Consent is a defense to the “unlawful entry” element of burglary. If you have permission to enter, there is no unlawful entry. This defense doesn’t apply if you entered lawfully but then formed the intent to commit a crime after entry, or if you exceeded the scope of your permission.
• Lack of intent: The prosecutor in a burglary case must prove that you had the specific intent to not only unlawfully enter the dwelling (or other building) but also commit a crime once inside. This can be tricky, because it doesn’t matter if you actually commit the other crime, only that you intended to.
• The building was unoccupied: This defense is only available in a first-degree burglary case. If your defense attorney can prove that the building was empty when you entered it, the state will have to reduce the charges to second-degree burglary.

If the state convicts you of first-degree burglary, you’ll face a mandatory minimum prison sentence of five years.

Related Offenses

Other crimes related to burglary can also carry severe penalties. Burglary and robbery aren’t the same offense, but are often charged together when the theft of another person’s personal property is involved.

Some of the crimes related to burglary include:

• Unlawful Entry on Property (Criminal Trespassing)
• Forcible Entry and Detainer
• Robbery/Armed Robbery
• Receipt of Stolen Property

The penalties for these crimes include possible jail time and hefty fines. If you or a loved one is facing charges for any of these offenses, it’s best to consult a skilled DC criminal lawyer.

Charged With Burglary in the District of Columbia? Talk to a DC Burglary Attorney

If you’re facing charges for burglary or any of the related crimes discussed here, it’s a good idea to speak with a seasoned criminal defense attorney in D.C., Virginia, or Maryland. A burglary conviction can result in lengthy prison sentences and fines of up to $250,000.

A DC burglary lawyer will review the state’s evidence, explain your options, and stand with you in court. Having a skilled legal advocate can lead to an acquittal or a favorable plea bargain.