Burglary Laws

Burglary is one of the most serious property crimes. A defendant may face not only a lengthy prison term but also collateral consequences upon release, such as difficulties in getting certain jobs. However, the crime contains several nuanced elements, and a defendant may have multiple ways to attack a charge. Anyone suspected of burglary should consult an attorney and refrain from discussing their situation with police or prosecutors in the meantime.

What Is Burglary?

Burglary generally may be charged when someone enters a certain space without permission, intending to commit a crime inside it.

Elements of Burglary

To get a burglary conviction, a prosecutor generally must prove that the defendant entered a certain enclosed space. Any part of the body may constitute an “entry,” and a wide range of places may fit within the scope of the statute. One broad burglary law is Florida Statutes Section 810.02, which applies not only to dwellings and other structures but also to conveyances like cars, boats, and trailers. When a statute is broad, it may impose enhanced charges and penalties if a burglary occurred in certain types of spaces, such as dwellings or inhabited structures.

The defendant usually must have lacked permission or authorization for the entry. Many people think of burglary as “breaking and entering,” but modern statutes generally do not require the defendant to exert great force or literally break something. Opening an unlocked door may be enough to meet this element.

In addition, the prosecutor generally must prove that the defendant intended to commit a crime inside the space. The defendant does not need to complete the predicate crime. Intent alone establishes this element. Some statutes, such as the Florida law, allow any offense to serve as a predicate. Others allow only certain predicates. For example, the Texas burglary statute limits predicates to a felony, theft, or assault.

Example of Burglary

Phil sees Veronica leaving her house without closing an open window. He has noticed that she often wears valuable jewelry. Phil enters her house through the open window, hoping to steal some of the jewelry. An alarm goes off, and Phil is caught before he can steal anything. However, this is likely still burglary because he had the required intent.

On the other hand, consider a situation in which Phil forgot his cell phone at Veronica’s house. He climbs through the open window to retrieve his phone. Phil might be charged with something like criminal trespass, but getting his cell phone probably is not a crime and would not support a burglary charge.

Offenses Related to Burglary

Some offenses that might be charged in situations similar to those supporting a burglary charge include:

• Larceny: the defendant unlawfully took property from someone else with the intent to deprive them of it
• Shoplifting: the defendant stole merchandise from a store
• Robbery: the defendant used force to steal something
• Grand theft auto: could be charged together with burglary in situations such as when the defendant broke into a garage and stole a car

If the defendant completed the crime that they intended to commit inside the place, they could face a charge for that crime as well as burglary.

Defenses to Burglary

A defendant might defeat a burglary charge by establishing an alibi. This means that they could not have entered the place at issue because they were somewhere else when the incident occurred. They also might argue that anyone who allegedly saw them entering the place misidentified them, especially if the incident occurred at night or in other cases of low visibility.

If the defendant did not commit any other offense, they might question whether the prosecution can prove that they intended to commit a crime. Most suspects do not admit to planning a crime, so the prosecution must rely on circumstantial evidence. This may include conversations with others describing their plans, as well as tools associated with committing a certain crime. Without solid circumstantial evidence, the prosecution might not be able to prove intent beyond a reasonable doubt.

When a burglary statute defines covered locations narrowly, a defendant might argue that the place that they entered does not fit within the definition. For example, North Carolina General Statutes Section 14-51 generally limits burglary to entries involving dwelling houses, sleeping apartments, or certain places related to them.

Penalties for Burglary

A conviction of burglary could lead to a substantial period of time behind bars. The offense often is divided into multiple degrees, which affect the potential penalties. Here is a selection of sentencing ranges in various states:

• California: 2, 4, or 6 years in prison if it involved certain inhabited places; otherwise, up to 1 year or 16 months or 2 or 3 years in jail
• Colorado: generally 2-6 years if it did not involve a dwelling; 4-12 years if it involved a dwelling
• Florida: up to 5 years for entry of a structure or conveyance with nobody present; up to 15 years for entry of a dwelling, or a structure or conveyance with someone present
• Illinois: 2-5 years if it involved various vehicles; generally 3-7 years if it involved a building
• New York: minimum term of 1-2.33 years if it did not involve a dwelling; 3.5-15 years if it involved a dwelling
• Pennsylvania: generally up to 10 years if it did not involve “overnight accommodations” and nobody was present; otherwise, generally up to 20 years
• Texas: generally 180 days-2 years if it did not involve a habitation; 2-20 years if it involved a habitation

If a defendant is convicted of both burglary and a predicate crime, they would receive separate sentences for each offense. A judge then would need to decide whether the sentences should run consecutively or concurrently, based on the facts and applicable sentencing rules.

Last reviewed July 2024