Burglary Lawyer in Pennsylvania

John’s neighbors recently left for a week-long vacation. Knowing they had just purchased a brand-new entertainment system—including a large-screen TV, high-end speakers, and the newest PlayStation—John decided to take advantage of their absence. In the middle of the night, he walked over to the neighbor’s house, looking for an easy way in. Finding the backdoor completely unlocked, he simply turned the knob and walked inside.

Moving room-to-room in the dark to find the electronics, he opened a guest bedroom door and a woman suddenly screamed. Startled, John tripped and fell while scrambling to run out of the house. The woman, a hired house-sitter John didn’t know about, immediately called the police, and John was arrested and charged with burglary.

In Pennsylvania What is Considered Burglary?

Under Pennsylvania law, there are two primary elements to the crime of burglary:

• Entering a building, occupied structure, or a separately secured portion of it.
• Having the intent to commit a crime inside.
• Contrary to popular belief, burglary does not require someone to actually steal something or successfully complete a criminal act; the mere intent to commit a crime is enough.

Furthermore, burglary does not require a dramatic “breaking and entering” like smashing a window. For example, even though John simply opened an unlocked door, his entrance was unlawful because he did not have permission to be there. Because he entered the home and intended to steal the electronics, his actions qualify as burglary.

Conspiracy to Commit Burglary in Pennsylvania

Conspiracy to commit a burglary occurs when two or more people agree to commit the crime, aid in its commission, or solicit someone else to do it. In Pennsylvania, all parties involved in the same criminal event can be charged equally, regardless of their specific roles.

For instance, let’s assume John’s friend, David, was the one who tipped John off about the new entertainment system and let John borrow his truck to haul the stolen goods away. Because David aided and helped plan the crime, he is considered a conspirator. Even though David never set foot inside the house, he can be charged with the exact same felony grade as John.

Defenses to Burglary in Pennsylvania

If an individual is charged with burglary in Pennsylvania, the law outlines several specific defenses depending on the facts of the case:

• The building was abandoned: It is a legal defense if the structure was completely forsaken or deserted at the time of the entry.
• The premises were open to the public: If the individual entered a public building during its normal hours of operation, the entry was lawful.
• The person was licensed or privileged to enter: If the individual had the owner’s permission or legal authority to be on the property, no burglary was committed.
• No intent to commit a crime: If a person unlawfully enters a building but had absolutely no intent to commit a crime inside, they have not committed burglary, though they may still face lesser trespassing charges.

Sentencing and Penalties in Pennsylvania

In Pennsylvania, the grading and sentencing for burglary depend heavily on the type of building entered, whether anyone was inside, and what the perpetrator intended to do. Generally, burglary is treated as a first-degree felony. This applies if the building is adapted for overnight accommodations (like a house or apartment), regardless of whether a person is present at the time. It is also a first-degree felony if the building is not meant for overnight stays (like a retail store), but a person happens to be present inside. First-degree felonies carry severe penalties, including up to 20 years in prison and up to $25,000 in fines.

Burglary is only reduced to a second-degree felony if the building is not adapted for overnight accommodations (like a commercial business or warehouse) AND no person is present at the time of the offense. A second-degree felony carries a penalty of up to 10 years in prison and maximum fines up to $25,000.

Important Pennsylvania Exceptions:

Drug Thefts: Even if an offender burglarizes a vacant commercial building (which is normally a second-degree felony), the charge is automatically upgraded back to a first-degree felony if their specific intent was to steal controlled substances or designer drugs.

Harm to Pets: Pennsylvania courts must consider a special sentencing enhancement if a domestic animal is harmed or killed during the course of a burglary.

Legal Counsel

Because burglary charges carry life-altering felony consequences, securing representation is vital. An experienced criminal defense attorney can help identify possible defenses, properly analyze the prosecution’s evidence, and challenge the intent behind the unlawful entry. If you or a loved one are facing burglary charges in Pennsylvania, contact the dedicated legal team at SKA Law Group immediately to protect your rights and your future.

FAQs: Do I need a burglary lawyer in Pennsylvania?

What constitutes burglary in Pennsylvania?

Under Pennsylvania law, burglary involves entering a building or occupied structure with the intent to commit a crime inside. It does not require a physical “breaking and entering” or that a crime is actually completed, only the intent to commit a crime.

Is burglary always a first-degree felony in PA?

No. While burglary is generally a first-degree felony, it can be reduced to a second-degree felony if the building is not adapted for overnight accommodations and no one is present at the time.

Can I be charged with burglary if I was just the getaway driver?

Yes. Under conspiracy laws, if you agree to commit the crime, aid in its commission, or help plan it—such as providing a getaway vehicle—you can be charged with the same felony grade as the person who entered the building.

What are the legal defenses against a burglary charge?

Legal defenses include proving the building was abandoned, the premises were open to the public, you were licensed or privileged to enter, or you had absolutely no intent to commit a crime inside.

Does stealing prescription drugs change a burglary charge?

Yes. If your intent upon entering a building is to steal controlled substances or designer drugs, the offense is automatically graded as a first-degree felony, even if the building was unoccupied and not adapted for overnight stays.