Burglary may be a serious felony charge, and you should contact an attorney immediately if you are arrested. Although you might feel like the world is against you, there are various ways in which you can defend yourself.

Burglary charges may apply if a suspect unlawfully enters a building or occupied structure with the intent to commit a crime once inside. This is a serious felony, and convicted defendants may face significant time behind bars. Even so, you may challenge the charges if you lacked any intent to commit a crime, you were lawfully present in the building or occupied structure, or the property was abandoned or open to the public. If you are arrested for burglary, call a lawyer for help immediately.

Speak to our Philadelphia criminal defense attorneys to get a free case review when you call the Liberty Law Team at (215) 826-3314.

How Can I Fight Criminal Charges for Burglary in Pennsylvania?

While burglary charges can be severe, they are not definite until a jury renders a verdict. An attorney can review the facts of your case to determine the strongest defense strategies.

Your Intent

According to Pennsylvania law, a defendant may be charged with burglary if prosecutors believe they entered a building or occupied structure, or a separately secured portion of such a structure, with the intent to commit a crime once inside. The intent to commit a crime after illegally entering a building is a key element of burglary charges.

If you had no intent to commit a crime and entered the building for another reason, we may be able to challenge the charges if we can find evidence supporting your claims.

You Were Lawfully Present

Another key element of burglary charges is that the building or structure that the defendant allegedly entered must be off-limits to them. In other words, the defendant must enter the property without the owner’s permission, consent, or authorization.

If you were legally allowed to be on the property, burglary charges should not apply. For example, you cannot burglarize a property that you own. Alternatively, if you have evidence that the owner permitted you to enter the property, we may be able to challenge the charges.

Abandoned or Public Property

Even if a person enters a property without authorization with the intent to commit a crime, burglary charges may not apply if the property is abandoned or open to the public. These defenses are specifically described in Pennsylvania’s burglary statute. If we can successfully prove these defenses in court, we may negate criminal liability for burglary.

Keep in mind that if a crime were committed inside abandoned property or property open to the public, you may still be charged with the crime, but not with burglary.

What Evidence Should I Have to Fight Burglary Charges?

As a defendant, you are not obligated to present evidence or satisfy a burden of proof unless you argue an affirmative defense. However, if evidence exists that supports your innocence, we should obtain it and present it in court.

Testimony

Testimony may be an important part of our evidentiary plans. If you did not commit the burglary, others may be able to testify about your whereabouts and provide an alibi.

It is also possible for you to testify in your own defense. You may explain your lack of intent to commit a crime and explain what you were doing at the property. However, if you testify, you will be subject to cross-examination, which may do more harm than good for your case.

Property Records

In some cases, ownership of the property is questioned. This is not uncommon if the property is derelict or appears abandoned. We may use public property records to determine who owns the property and whether it has been abandoned.

If there are no property records and no owner can be identified, the prosecutor may be unable to prove that the defendant lacked authorization to be there.

Communications with the Alleged Victim

If you know the property owner, your communications with them may be crucial to proving that you had permission to be on the property. For example, you might have text messages or emails that clearly show that the property owners have permitted you to enter the building or structure. If you are licensed or privileged to enter the property, criminal liability for burglary may be completely negated.

FAQs About How to Fight Charges for Burglary in Pennsylvania

Is Burglary a Serious Felony Charge in Pennsylvania?

Yes. Burglary may be graded as high as a first-degree felony. Such a felony may be met with a prison term of up to 20 years. If you are charged with burglary, call a lawyer for help immediately.

Will I Go to Jail if I am Convicted of Burglary?

Probably, yes. Burglary may be charged as a serious felony, with the most severe cases being charged as first-degree felonies punishable by up to 20 years in prison. If you are convicted, there is a strong possibility that you will go to prison.

Are There Defenses to Burglary Charges?

Yes. The statute for burglary in Pennsylvania explicitly states that if a defendant can prove that the property was abandoned or open to the public, or that they were authorized to be there, they can negate criminal liability for burglary. You may have other defense options, depending on your specific situation.

Can I Be Charged with Burglary if I Did Not Commit a Crime Inside the Property?

Yes. A person can be charged and even convicted of burglary even if they did not actually commit a crime once inside the property. What matters is your intent to commit a crime. Intent may be shown based on the totality of the circumstances. For example, if a person breaks into a home with tools to force open locked doors and restrain occupants, the authorities may argue that they intended to commit a crime.

Do I Have to Use Force to Enter a Building to Be Charged with Burglary?

No. People often associate burglary with forced entering, but this is not a required element of the crime. You can unlock a door or entrance with a lock pick without causing any damage and still be charged with burglary. You can even use a key to enter the property, but if you do not have permission to enter and intend to commit a crime, you may be charged with burglary.

Speak to Our Pennsylvania Criminal Defense Lawyers About Your Burglary Charges Today

Speak to our Delaware County, PA criminal defense attorneys to get a free case review when you call the Liberty Law Team at (215) 826-3314.