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.

What Is Burglary Under Pennsylvania Law?

(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.

Burglary of a Dwelling vs. Commercial Structure

Pennsylvania law separates burglary grading depending on the type of structure involved.

Burglary of a Dwelling (Person Present)

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.

Burglary of a Dwelling (No Person Present)

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.

Burglary of a Non-Dwelling (Commercial Structure)

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.

Burglary Does Not Require Theft

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.

Related Offense: Criminal Trespass

(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.

Grading of Criminal Trespass

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.

Other Charges Commonly Associated with 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.

Sentencing Exposure for Burglary

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.

Burglary Charges in Philadelphia & Surrounding Counties

Although burglary law is statewide, how cases are prosecuted varies.

Philadelphia County

Urban burglary cases often involve surveillance footage and forensic evidence.

Montgomery County

Detailed analysis of “intent at entry” frequently shapes defense strategy.

Delaware County

Home invasion allegations are aggressively prosecuted.

Bucks County

Commercial burglary and after-hours entry cases are common.

Chester County

Rural property burglary and multi-defendant cases occur regularly.

Possible Defenses to Burglary Charges

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.