Burglary is an extremely serious felony offense in Pennsylvania. People often assume that burglary always involves theft, but this is not always the case.
Burglary involves unlawfully entering a structure or building to commit a crime once inside. The intended offense can be theft but does not have to be. Burglary charges may vary based on whether any occupants were inside the building or if anybody was hurt. Defendants frequently confuse burglary with robbery. While robbery is often charged as a felony, it is a completely different crime from burglary. While the penalties for burglary can be high, you can only be sentenced for burglary and not the other intended crime.
Contact our Philadelphia criminal defense lawyers for assistance if you face burglary charges. Call The Liberty Law Team at (215) 709-7431 for a free case evaluation.
Our Philadelphia Burglary Lawyers Have a History of Success
We have successfully defended clients accused of breaking into a prominent Philadelphian’s home and achieved dismissal of all charges through aggressive negotiation.
In addition, we have worked with those who had no prior criminal record but were accused of attempting to break into a home while the resident watched from the inside.
Our Bucks County criminal defense attorneys have achieved an ARD disposition by persuading the DA that their case was weak. We have also significantly reduced sentences for clients facing many years in prison by fighting the admission of evidence, negotiating better plea offers, and presenting compelling mitigation arguments at sentencing.
We have secured lower sentences than the mandatory guidelines suggested on many occasions for clients. Often, our clients face 5-10 years in prison, and we can secure sentences significantly below five years through a combination of the strategies described above.
What Constitutes Burglary in Philadelphia?
Burglary is often conflated with simply breaking into another person’s home. While entering a dwelling or structure without permission is a major element of burglary, it is not the only element.
Legal Definition of Burglary
The offense of burglary can be found under 18 Pa.C.S. § 3502(a). Historically, the crime of burglary specifically involved a home, residence, or dwelling place. However, today a burglary may occur in any building, occupied or unoccupied. This includes a home or dwelling place but can also include office buildings, stores, garages, and more.
Burglary and a Building, Structure, or Dwelling
The law spells out numerous instances in which a burglary may occur. A burglary may involve a place that is either occupied or unoccupied. The key element of a burglary is the defendant’s intent to commit a crime once inside the building or structure.
Presence of Theft
While burglary offenses often involve theft crimes, theft is not required for a burglary to be completed. The crime could involve the intent to commit bodily harm against an occupant or to harass the occupants.
Possible Defenses to Burglary Charges
While burglary is a serious crime and is often charged as a felony, there are multiple ways in which an accused person may defend themselves.
When Burglary is Impossible
The law also states circumstances in which burglary cannot occur and should not be charged. For example, if a person breaks into an abandoned structure, there is no burglary. The same goes for structures or buildings open to the public, or if the defendant is licensed or authorized to enter the building or structure.
Authorization
Even so, that does not mean a crime cannot be committed in the building or structure. For example, if a defendant’s neighbor gave them permission to enter their home to water their plants while the neighbor is on vacation, the defendant cannot be charged with burglary for entering the home and stealing.
Instead, theft charges would be more appropriate. One effective way of defending yourself against burglary charges is to argue that you were mischarged and that a lesser offense is more appropriate under the circumstances.
No Intention to Commit a Crime
We can also help you challenge the prosecutor’s assertions that you intended to commit a crime inside the structure or building. Even if a defendant was unlawfully present in the building, they might not have had any criminal intent. For example, a person who enters a house by mistake or is under the false impression they have a right to be there can challenge their burglary charges.
Philadelphia Burglary Charges and Fingerprints
Fingerprint evidence is based on the idea that each person has a unique fingerprint that they share with no one else in the world. Therefore, fingerprint evidence can often be used with a reasonable degree of scientific certainty to prove that a particular individual touched a tested surface, so long as a print is left on the surface and the testing is done appropriately.
However, there have been numerous instances of misuse of this scientific evidence, and it has also been used to exonerate individuals suspected of crimes.
At the law offices of Lonny Fish, our attorneys believe that you should not simply accept fingerprint evidence at face value. We have a long history of challenging fingerprint evidence, and our Montgomery County criminal defense lawyers have developed a unique understanding of the science, or lack of science, behind fingerprint evidence and presenting it in a way that judges and juries can understand.
Penalties for Burglary in Philadelphia
The penalties for burglary charges are severe, and defendants may face many years behind bars if convicted. With so much at stake, it is crucial that you hire an experienced attorney.
First-Degree Felony
Burglary is typically charged as a felony, but the degree of the charges may vary from case to case. According to 18 Pa.C.S. § 3502(c), burglary is always a first-degree felony unless otherwise specified by the statute. As a first-degree felony, burglary may be punished by up to 20 years in prison.
Second-Degree Felony
Burglary is instead a second-degree felony if the building or structure entered by the defendant is not adapted for overnight accommodation and there are no other people present. Essentially, if the structure is not someone’s home and nobody is there, burglary is charged as a second-degree felony. As a second-degree felony, burglary may be punished by up to 10 years in prison.
Special Circumstances
Even under the above circumstances, burglary can still be charged as a first-degree felony. If the defendant is found to have entered the unoccupied, nonresidential building to steal drugs or controlled substances, they will be charged with a first-degree felony.
Sentencing for Burglary in Philadelphia
Burglary is sentenced according to the ordinary rules for sentencing under 18 Pa.C.S. § 1103. However, additional rules apply to how a defendant may be sentenced for the crime of burglary and the underlying offense they intended to commit inside the building or structure.
A key element of burglary is that the defendant must have intended to commit a crime once they gained entrance to the building or structure. For example, some defendants break into a home with the intention of stealing any valuables they can find. This begs the question, can a defendant be convicted and sentenced for the underlying crime involved in the burglary?
The answer to this question is no. Under 18 Pa.C.S. 3502(d), a convicted defendant cannot be sentenced for both burglary and the offense they intended to commit after the unlawful entry into the building or structure. Since the intended crime is wrapped up in the burglary offense, they cannot be punished as separate offenses.
What Is the Mandatory Minimum Sentence for Burglary in Philadelphia?
In state court, there can be mandatory minimum sentences. One of the more common requirements is if the burglary is a “second strike” or a “third strike.” Strike offenses are previous violent crime convictions, usually armed robbery or aggravated assault with a deadly weapon. Burglary can count as a strike offense if it is committed in a home when people are present.
If convicted, a defendant could face a mandatory ten-year term of imprisonment for a second-strike conviction and a minimum of twenty-five years to life sentence for a third-strike conviction.
The Definition of Robbery
Robbery is defined under 18 Pa.C.S. § 3701(a) and may be charged when a defendant has allegedly committed a theft crime by force. Specifically, the statute states that robbery charges may be assessed when a defendant, in the process of a theft, commits one of the following:
- The defendant inflicts serious bodily harm upon the alleged victim.
- The defendant threatens the victim with serious bodily harm.
- The defendant threatens to commit another felony of the first or second degree against the victim.
- The defendant commits or threatens to commit less serious bodily harm against the alleged victim.
- The stolen property is physically taken by force from the victim’s person.
- Money is taken from a financial institution without the permission of the institution by demanding it from an employee.
To clarify, any bodily injured by a defendant may be serious or non-serious. Additionally, these factors must occur during the theft and may happen before, during, or shortly after the property is supposedly stolen.
How Burglary Differs from Robbery
Robbery is different from a burglary, where physical violence or theft offenses are not required. Robbery is a bit more rigidly structured in that if it does not involve theft or force, it is not robbery.
Requirement of Theft
Robbery is a theft offense. For a person to be convicted of robbery, prosecutors must prove beyond a reasonable doubt that theft occurred. If there is no theft as part of a robbery, there can be no robbery, and charges may be dropped or dismissed.
Burglary is often associated with theft, but theft is not required for the authorities to assess burglary charges. Burglary only requires that someone unlawfully enters a structure, building, or dwelling with the intent to commit a crime once inside. There is no requirement that the intended crime involve theft.
Requirement of Unlawful Force
Robbery is an inherently violent crime, and defendants must be proven to have used unlawful force to be convicted of robbery. For example, using a gun, a blunt instrument, any other dangerous weapon, or even your own fists to commit a theft is considered robbery.
Burglary is also often associated with violence, but violence or force is not required for burglary charged. Simply entering a building or home without permission to commit a non-violent crime may lead to burglary charges. In many cases, when a burglary occurs, nobody else is present other than the defendant, and there is no violence or force.
Defenses to Robbery Charges
The fact that robbery is so rigidly defined may be used to our advantage when fighting your criminal charges. While burglary might involve any number of criminal acts committed in a structure or building, robbery must involve theft.
No Theft Occurred
If the incident in question did not involve a theft or attempted theft, your robbery charges should not stand. For example, suppose a defendant got into a physical altercation with a friend, and that friend claims their phone was stolen during the fight. The defendant could be charged with robbery if they fought the victim to steal the phone. However, if the phone is never found with the defendant or is found elsewhere, there is no theft and no robbery.
No Use of Force
Robbery is often used to describe any theft offense, but this is inaccurate. Robbery must involve force or threat of force. If someone accused you of theft, but there is no evidence of harm or force against the alleged victim, we can challenge your robbery charges.
You Owned the Property
If someone else stole your property, or you lent the property to someone and they refuse to return it, you might feel compelled to take it back yourself, even if force is necessary.
While using force to take back your property may still lead to legal trouble, you cannot be convicted of a theft crime, including robbery, if the allegedly stolen property legally belonged to you. Theft requires the taking of another’s property with the intent to deprive them of it. Stealing your own property is a legal impossibility.0
However, that does not mean you cannot be charged with another crime, such as simple assault. Rather than use force to reclaim property, you should speak to law enforcement and get a lawyer to help you.
Do You Have to Forcefully Enter a Structure or Dwelling to Be Charged with Burglary?
No. While people often associate burglary with violently breaking down doors or shattering windows, the process does not have to be forceful to be considered burglary. Using a spare key that you stole or are unauthorized to use to unlock a door and enter may be considered burglary. While signs of forced entry are common in burglary cases, they are not required.
What Happens to Burglary Charges if People Are Home During the Alleged Offense?
Burglary may be charged whether or not a home or building is occupied at the time of the alleged offense. However, when people are home during a burglary, charges may be harsher, and penalties may be more severe.
Often, sentencing guidelines require a higher sentencing range for defendants convicted of burglary where the building or home was occupied.
Can You Be Charged with Burglary if You Enter a Building or Home and Do Nothing?
Maybe. Burglary charges require that a defendant unlawfully enters a home or building with the intent to commit a crime once inside. Even if you enter the building and do nothing, you might still be charged with burglary if the authorities have evidence of your intent to commit a crime. If not, you may face charges related to trespassing.
For example, the authorities may argue that a burglary defendant was apprehended with rope and weapons, suggesting an intent to restrain any occupants and possibly hurt them. Even if nobody was home and the defendant did nothing once inside, they could still be charged with burglary.
Can You Be Charged with Burglary for Breaking Into an Empty Building or Home?
A person may still be charged with burglary even if the building or home they entered was completely empty. Many buildings might be empty or unused, but someone may still own them, and entering without permission may still be a crime. Many defendants enter homes or buildings with the intent to steal anything inside, only to find them empty. They can still be charged with burglary.
Things may be different if the property is abandoned. Under Pennsylvania law, if a defendant can prove that the property was completely abandoned, they cannot be convicted of burglary. Just remember, empty does not always mean abandoned.
Can You Be Charged with Burglary if You Did Not Enter the Home, Building, or Structure?
No. An inherent part of burglary, and what sets it apart from many other offenses, is that it requires a defendant to have unlawfully entered a dwelling, building, or structure. If the defendant does not enter the structure, they should not be convicted of burglary.
However, it may still be possible to be charged with attempted burglary. For example, suppose someone is apprehended by the police attempting to break down a door to enter a home and steal its contents. That person may be charged with attempted burglary because the crime was started but not completed.
Do Burglary Charges Apply if You Own the Property
Burglary charges apply if a defendant is determined to have unlawfully entered a building, structure, or dwelling with the intent to commit a crime. Generally, if you own the property in question, you likely have authorization to enter. However, this might not apply in every case.
A landlord may own a property, but once it is leased to tenants, the landlord may not have authorization to enter whenever they wish, even if they have a key. In this scenario, the landlord could be charged with burglary if they entered the tenant’s residence with the intention of committing a crime, even if the landlord owns the residence.
Our Philadelphia Burglary Defense Attorneys Can Help
If you have been arrested and charged with burglary or a burglary-related offense, contact the experienced Philadelphia criminal defense lawyers at The Liberty Law Team. Call (215) 709-7431 today for a free case review.
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