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A burglary arrest is one of the most terrifying experiences a person can endure. For people in Pennsylvania facing criminal charges or who have been arrested and in need of legal defense, understanding the severity of a burglary charge is critical. In Pennsylvania, burglary is always a felony, carrying the threat of decades in state prison. At SKA Law Group, we know that what it feels like to be charged with burglary in Lehigh County for the first time is overwhelming. However, an arrest is not a conviction, and many burglary cases are built on flawed evidence, mistaken intent, or overzealous prosecution.

What is the Penalty for Burglary in Lehigh County Pennsylvania?

Under Pennsylvania law (18 Pa.C.S.A. § 3502), burglary is defined as illegally entering a building or occupied structure with the specific intent to commit a crime inside. The penalties you face depend heavily on the type of building entered and whether anyone was present at the time.

What is the penalty for burglary in Lehigh County Pennsylvania? The grading is severe:

• First-Degree Felony (F1): If you enter a building adapted for overnight accommodation (like a house or apartment) and a person is present, or if your intent is to commit a violent crime (like assault or robbery), you face up to 20 years in state prison and a $25,000 fine.
• Second-Degree Felony (F2): If you enter a building not adapted for overnight accommodation (like a warehouse or closed business) and no one is present, you face up to 10 years in state prison and a $25,000 fine.

Why do prosecutors aggressively pursue burglary charges in Lehigh County? Because Allentown and the surrounding areas have experienced organized burglary rings targeting residential neighborhoods. To deter these crimes, the District Attorney’s office prosecutes all unauthorized entries with maximum aggression, often refusing to offer lenient plea deals to first-time offenders without a tough legal fight.

The Difference Between Burglary and Trespass Charges in Pennsylvania

What most people get wrong about burglary charges in Pennsylvania is the belief that you have to actually steal something to be convicted. You do not. The crime of burglary is complete the moment you cross the threshold with the intent to commit a crime inside.

The difference between burglary and trespass charges in Pennsylvania comes down entirely to intent. Criminal trespass simply means you entered a property without permission. Burglary means you entered without permission and intended to commit a crime (such as theft or assault). Because proving a defendant’s state of mind is incredibly difficult, this is the exact point where a skilled defense attorney attacks the prosecution’s case.

Can a burglary charge be reduced to a lesser offense in Pennsylvania? Yes. By successfully arguing that the prosecution cannot prove intent to commit a crime beyond a reasonable doubt, we frequently force prosecutors to reduce first-degree felony burglary charges down to misdemeanor criminal trespass, saving our clients from decades in prison.

What Happens After a Burglary Arrest in Lehigh County

What happens after a burglary arrest in Lehigh County moves very quickly. You will be taken to a Magisterial District Court for a preliminary arraignment. Because burglary is a violent felony, judges often set bail extremely high, sometimes resulting in defendants sitting in Lehigh County Jail simply because they cannot afford to pay.

Following arraignment, your preliminary hearing is scheduled. What a former Lehigh County prosecutor really thinks about burglary defense strategies is that the preliminary hearing is the most crucial stage of the case. This is where your defense attorney can cross-examine the arresting officers, challenge the evidence of “intent,” and expose weaknesses in witness identification before the case ever reaches trial.

Surprising ways a burglary charge can affect your life beyond jail time in PA include the immediate suspension of professional licenses, the inability to secure housing due to a violent felony record, and the permanent loss of your Second Amendment firearm rights.

How We Defend Burglary Cases in Allentown

My honest take on how Lehigh County courts handle burglary cases versus other PA counties is that local judges expect rigorous, well-prepared defenses. Simply showing up and asking for mercy does not work here.

At SKA Law Group, we employ statutory defenses directly from the Pennsylvania code. We argue that the building was abandoned, that the premises were open to the public at the time of entry, or that our client had a reasonable belief they were permitted to enter. We also heavily scrutinize forensic evidence, such as fingerprints or DNA, which is often mishandled by local police departments.

Does hiring a private burglary defense attorney in Lehigh County actually make a difference? Absolutely. A true story of a Lehigh County burglary case that was successfully defended involves a client accused of breaking into a commercial property. By obtaining exculpatory security footage that the police failed to review, we proved our client was simply seeking shelter during a storm with no intent to steal. The felony burglary charges were entirely dismissed.

Protect Your Future from a Felony Conviction

Why I believe most first-time burglary defendants in Pennsylvania deserve a second chance is because one bad decision should not result in 20 years in prison. If you are wondering how to find a burglary defense attorney in Allentown PA who will fight relentlessly for you, look no further. Contact SKA Law Group today to start building your defense.

Frequently Asked Questions

Q: What is the penalty for burglary in Lehigh County Pennsylvania?
A: Burglary is a felony. A first-degree felony (entering a home or an occupied structure) carries up to 20 years in prison and a $25,000 fine. A second-degree felony (entering an unoccupied commercial building) carries up to 10 years in prison and a $25,000 fine.

Q: What is the difference between burglary and trespass charges in Pennsylvania?
A: The difference is intent. Criminal trespass is entering a property without permission. Burglary is entering a property without permission with the specific intent to commit a crime inside (like theft or assault).

Q: Can a burglary charge be reduced to a lesser offense in Pennsylvania?
A: Yes. If the prosecution cannot prove that you intended to commit a crime when you entered the building, a defense attorney can often negotiate to have the felony burglary charge reduced to a misdemeanor criminal trespass charge.

Q: Why do prosecutors aggressively pursue burglary charges in Lehigh County?
A: Lehigh County has dealt with organized burglary rings targeting residential areas. To deter property crimes and protect homeowners, the District Attorney prosecutes all unauthorized entries aggressively, treating them as severe threats to public safety.

Q: What happens after a burglary arrest in Lehigh County?
A: You will face a preliminary arraignment where bail is set, often at a very high amount due to the felony classification. Shortly after, a preliminary hearing is held where the prosecution must prove they have enough evidence to take the case to trial.

Q: What most people get wrong about burglary charges in Pennsylvania?
A: The most common misconception is that you must actually steal something to be charged with burglary. In reality, the crime is complete the moment you illegally enter a building with the intent to commit a crime, even if you leave empty-handed.