Burglary is one of the most serious property-related offenses under Pennsylvania law. Many people assume burglary always involves theft — but that is not legally accurate.
In Pennsylvania, burglary focuses on unlawful entry with intent to commit a crime inside, and the grading depends heavily on:
Whether the structure is a dwelling or commercial property
Whether a person was present
Whether the structure was adapted for overnight accommodation
The actor’s intent
If you are charged with burglary in:
Philadelphia County
Montgomery County
Delaware County
Bucks County
Chester County
you are facing felony exposure and potentially years of incarceration.
(18 Pa.C.S. § 3502)
A person commits burglary when they:
Enter a building or occupied structure
Without privilege or license
With the intent to commit a crime inside
Importantly, the crime intended does not have to be theft. It could include:
Assault
Criminal mischief (property damage)
Harassment
Any other criminal offense
The prosecution must prove intent at the time of entry.
Pennsylvania law separates burglary grading depending on the type of structure involved.
A dwelling is a structure adapted for overnight accommodation (a home, apartment, etc.).
If:
The structure is a dwelling, and
Someone is present at the time of entry
the offense is typically graded as a Felony of the First Degree (F1).
This carries the highest potential exposure — up to 20 years incarceration.
If the structure is a dwelling but no person is present, grading may be reduced depending on circumstances. However, it is still generally treated as a high-level felony.
If the building is not adapted for overnight accommodation (for example, a store, warehouse, or office):
If a person is present → typically a Felony of the Second Degree (F2)
If no person is present → generally a Felony of the Third Degree (F3)
The difference between an F2 and F3 significantly affects sentencing exposure.
A common misunderstanding is that burglary means “stealing.”
In reality, burglary centers on unlawful entry plus criminal intent.
Examples:
Entering a home intending to assault someone
Entering a commercial property intending to damage equipment
Entering a former partner’s residence intending to commit harassment
If the Commonwealth cannot prove intent to commit a crime inside at the time of entry, the charge may not stand.
(18 Pa.C.S. § 3503)
Criminal trespass is often charged as an alternative or companion offense to burglary.
Trespass occurs when someone knowingly enters or remains in a place without privilege.
The grading depends on factors such as:
Whether the structure is a building
Whether forced entry occurred
Whether the location was secured or posted against entry
Possible gradings include:
Felony of the Second Degree (in certain building-entry cases)
Felony of the Third Degree
Misdemeanor
Summary offense (for certain defiant trespass situations)
Trespass does not require intent to commit another crime inside — which distinguishes it from burglary.
Burglary allegations frequently accompany other offenses, including:
Theft
Criminal mischief
Assault
Robbery
Possession of instruments of crime
The exact combination can significantly impact sentencing exposure.
Depending on grading:
Felony 1 (F1): Up to 20 years incarceration
Felony 2 (F2): Up to 10 years
Felony 3 (F3): Up to 7 years
Prior record scores and alleged victim presence often influence sentencing guidelines.
Although burglary law is statewide, how cases are prosecuted varies.
Urban burglary cases often involve surveillance footage and forensic evidence.
Detailed analysis of “intent at entry” frequently shapes defense strategy.
Home invasion allegations are aggressively prosecuted.
Commercial burglary and after-hours entry cases are common.
Rural property burglary and multi-defendant cases occur regularly.
Burglary cases often hinge on proof of intent. Potential defenses may include:
Lawful right to enter
Consent to enter
Lack of criminal intent
Mistaken identity
Insufficient proof of occupancy
Improper police procedures
In domestic or relationship-based cases, disputes over privilege to enter are central.
What should I do if my loved one or I am charged with a Burglary crime in Pennsylvania? If you or your loved one has been accused of a burglary crime and you would like to get out ahead of it, call 215-650-6500 to discuss your options or get a second opinion from attorney Stephen Stewart. Prosecutors often seek cash bail for individuals accused of burglary crimes.
What are the possible sentences if convicted of Domestic Violence in Pennsylvania? The penalties are wide-ranging because there are so many different factors under the burglary laws in Pennsylvania. However, domestic burglary charges in Pennsylvania are felonies and can carry significant jail or prison time if convicted. Call attorney Stephen Stewart at 215-650-6500 to discuss your particular situation.
What if my loved one or I already have an attorney? If you or your loved one has already had a court date in a Burglary case, a public defender, a court-appointed attorney, or another privately retained attorney may be on the case. Attorney Stephen Stewart can offer a second opinion and potentially an alternative approach to fighting the charges if you are unhappy with your current representation. Book An Appointment to discuss.
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