Burglary is one of the most serious crimes you can be charged with in Pennsylvania. A burglary conviction will often lead to lengthy prison time, significant fines and court costs and lifelong adverse effects on your personal and professional life. Prosecutors will seek the maximum penalties for those charged with burglary, especially in cases in which violence is involved in any form. It is important to have a knowledgeable and dedicated criminal defense attorney on your side if you are charged with a burglary crime.
I have over a decade of experience providing skilled and aggressive representation to individuals facing burglary charges in Bucks County, Montgomery County and the surrounding counties. Contact me at (215) 752-5282 for a free initial consultation or fill out the confidential contact form for an immediate response. Appointments are available after business hours and on weekends.
Pennsylvania Burglary Law
Burglary, under 18 Pa.C.S.A. § 3502, is defined in part as follows:
A person commits the crime of burglary if, with the intent to commit a crime therein, he or she:
- Enters a building or occupied structure, or separately secured or occupied portion thereof, that is adapted for overnight accommodations in which at the time of the offense any person is present and the person commits, attempts or threatens to commit a bodily injury crime therein or enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodations in which at the time of the offense any person is present; or
- Enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodations in which at the time of the offense no person is present; or
- Enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense any person is present; or
- Enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense no person is present
Elements of the Burglary Crime
In Pennsylvania, the burglary statute requires that the actor commit an unauthorized entrance into a building or occupied structure with the simultaneous intent to carry out a crime upon entry. A prosecutor must prove both of these elements beyond a reasonable doubt to obtain a conviction at trial. Examples of crimes that could be intended to be committed in a building or occupied structure include theft, assault, arson, vandalism and robbery. The intended crime does not have to be completed to satisfy this element of the burglary statute.
Entry Requirement for the Burglary Charge
The burglary statute does not require that the actor break into or otherwise cause damage to the building or occupied structure upon entry. The mere act of entering a building or occupied structure is sufficient to satisfy entry requirement under the statute. The entry requirement of the burglary statute can be satisfied even if only part of the body makes entry into the premises. A prosecutor will be unable to obtain a conviction for burglary without sufficient evidence that the actor entered the building or occupied structure. I can determine if the facts of your case are sufficient to satisfy the entry element of the burglary statute.
Penalties for a Burglary Conviction
The penalties for a burglary conviction vary depending on an individuals’ prior criminal record, the type of building or structure entered and whether an occupant was present in the building or structure at the time of the offense. Additionally, a conviction for burglary of a home or residence when the homeowner or resident is present is considered a “strike offense” under Pennsylvania’s “3 strikes law.” Individuals convicted of a 2nd strike offense are subject to a mandatory minimum term of 10 years in prison while those convicted of a 3rd strike offense are subject to a mandatory minimum term of 25 years in prison or a life sentence.
Grading of Burglary Crimes
The grading of a burglary offense is based primarily on the type of structure that was burglarized and whether or not a person was present inside the structure at the time of the crime. The burglary of a residential home is graded as a 1st degree felony while the burglary of a commercial building such as a retail store, warehouse or restaurant is graded as a 2nd degree felony. Burglary is also graded as a 1st degree felony if the actor’s intent upon entering the building was to commit a theft of controlled substances or designer drugs.
- 1st degree felony
- Up to 20 years in state prison
- Up to $25,000 in fines
- 2nd degree felony
- Up to 10 years in state prison
- Up to $25,000 in fines
Defending a Burglary Case in Pennsylvania
Developing a successful defense to burglary charges requires a comprehensive and focused strategy. I will conduct a thorough investigation of the facts and circumstances in your case to identify the weaknesses in the prosecutor’s evidence. It may be necessary to use an independent defense investigator to interview witnesses and secure other evidence favorable to the defense. My review will include an analysis of whether the police conducted a stop, search or seizure of your person or property in violation of the 4th Amendment of the United States Constitution and Article 1, Section 9 of the Pennsylvania Constitution.
Motion to Suppress Evidence in a Burglary Case
I will also analyze the evidence in your case to determine if the police violated your constitutional right to remain silent or right to counsel during any police interview or interrogation. Through the filing of a Motion to Suppress Evidence, I can challenge the prosecutor’s right to introduce any evidence acquired by the police as result of a violation of your federal and state constitutional rights. The prosecutor will often decide to withdraw the charges if the Motion to Suppress Evidence is granted by the trial judge. I can review the evidence in your case to determine if the police or prosecutors violated your constitutional rights during the investigation and prosecution of the burglary offense.
Common Defenses to Burglary
- Lack of intent to commit a crime upon entry
- The building or structure was abandoned
- The building or structure was open to the public
- Entry into the building or structure was licensed or authorized
- Mere presence at the scene of the burglary
- Alibi
- Mistaken identification
Start with a Strong Defense
If you have been charged with a burglary offense in Bucks County, Montgomery County or the surrounding counties, it is critical that you act quickly to protect your rights and build the strongest possible defense against the charges. Phone lines are open 24 hours a day at (215) 752-5282. Call today for a free initial consultation or fill out the confidential contact form for an immediate response.
