In Pennsylvania, burglary means entering a building or occupied structure without permission and with the intent to commit a crime inside. It is always a felony. Burglary is a first-degree felony, punishable by up to 20 years and a $25,000 fine, when the place entered is adapted for overnight accommodation, such as a home, or when someone is present. It is a second-degree felony, up to 10 years and $25,000, when the place is not adapted for overnight stays and no one is present.
Because burglary is graded so heavily, the details of where the entry happened, whether anyone was there, and what the person intended often decide how serious the case becomes. Here is how Pennsylvania law treats it.
How Burglary Is Graded in Pennsylvania
Burglary grading18 Pa.C.S. § 3502
Home or other overnight space
First-degree felony
- Whether or not anyone is home
- Up to 20 years and $25,000
- More serious if someone is present or injured
Business or building, someone present
First-degree felony
- Store, office, or garage while a person is there
- Up to 20 years and $25,000
Business or building, no one present
Second-degree felony
- Not adapted for overnight stays, and empty
- Up to 10 years and $25,000
Entering with the intent to take controlled substances is graded as a first-degree felony regardless of the building type. Burglary of a home while someone is present also counts as a crime of violence under Pennsylvania’s repeat-offender law, which can mean a mandatory minimum sentence for a later violent offense. Learn more about felony charges in Pennsylvania.
Burglary vs. Trespass, Theft, and Robbery
- Criminal trespass is entering a building without permission, without the intent to commit a crime inside. It is a lesser charge, and a common negotiated outcome in burglary cases.
- Theft is taking property. A burglary does not require that anything was taken; the intent to commit any crime inside at the time of entry is enough.
- Robbery involves taking property from a person by force or threat of force. Burglary is about the unlawful entry, not a confrontation.
Common Defenses to Burglary Charges
The Commonwealth has to prove both an unlawful entry and the intent to commit a crime at the moment of entry. Defenses often focus on:
- Permission to enter. Pennsylvania law recognizes that it is a defense if you were licensed or privileged to be there, such as a roommate, relative, or invited guest.
- Intent. Whether there is real evidence you meant to commit a crime when you went in, rather than forming an intent later or not at all.
- Abandoned property. Entry into a building that was abandoned is a statutory defense.
- Identification. Whether video, fingerprints, or witness identifications actually place you at the scene.
- Grading. Whether the building was really adapted for overnight accommodation, or whether anyone was actually present, which can reduce a first-degree felony to a second-degree felony.
Justin Panighetti prosecuted burglary cases to jury verdict as an Erie County Assistant District Attorney, so he knows how these cases are built and where the evidence is often thin.
Burglary FAQs
Is burglary always a felony in Pennsylvania?
Yes. A completed burglary is always a felony in Pennsylvania, either first-degree or second-degree depending on the type of building and whether anyone was present. A burglary charge can sometimes be negotiated down to criminal trespass or another lesser offense.
Can you be charged with burglary if nothing was stolen?
Yes. Burglary only requires entering without permission with the intent to commit a crime inside. Whether anything was actually taken does not decide the charge, although it often affects the evidence of intent.
Is breaking into a car or a garage burglary?
It depends. A detached garage or shed is usually a building not adapted for overnight accommodation, which is a second-degree felony if no one is present. Entering a car with intent to steal is usually charged under different statutes rather than burglary.
Can a burglary charge be reduced?
Often, yes. Depending on the evidence, a burglary can be reduced in grade, negotiated down to criminal trespass or theft, or dismissed if the Commonwealth cannot prove intent or identification. Read more about whether a felony can be reduced to a misdemeanor.
If you have been charged with burglary in Erie County, call 814-806-6385 to discuss your case.
Sources: 18 Pa.C.S. §§ 3502, 1103, 1101; 42 Pa.C.S. § 9714. This post is general information, not legal advice.
