*This image was generated using AI for illustrative purposes only.Request Consultation
Burglary is one of the most heavily prosecuted felony offenses in Pennsylvania. If you are charged with burglary in Northampton County, you are not just facing a property crime charge—you are facing the very real possibility of a lengthy state prison sentence. Many people are shocked to learn that under Pennsylvania law, you do not need to break a window, pick a lock, or even steal anything to be convicted of burglary.
At SKA Law Group, we understand that burglary charges often stem from misunderstandings, disputes over permission, or overzealous police officers upgrading minor trespassing incidents. If you have been arrested in Easton, Bethlehem, or anywhere in Northampton County, you need a defense attorney who knows how to dismantle the prosecution’s narrative and fight for your freedom.
What is a Burglary Charge in Northampton County, Pennsylvania?
Under Pennsylvania law (18 Pa.C.S. § 3502), burglary is defined as entering a building or occupied structure with the intent to commit a crime therein, unless the premises are open to the public or you are licensed/privileged to enter.
Why Pennsylvania burglary laws are harsher than most people expect is because the intended crime does not have to actually take place. The simple intention to commit a crime (such as theft, assault, or vandalism) at the moment of entry is enough to constitute burglary. Furthermore, breaking and entering is not required; walking through an unlocked front door without permission can lead to a burglary charge.
Pennsylvania Burglary Sentencing Guidelines & Penalties
Burglary is a felony offense, and the grading depends heavily on the type of structure and whether anyone was present. Pennsylvania burglary sentencing guidelines for a first offense rely on the Offense Gravity Score (OGS) and your Prior Record Score (PRS).
- First-Degree Felony (F1): If the building is adapted for overnight accommodation (a home or apartment) and a person is present, or if you intend to commit a crime involving bodily injury, the maximum penalty is up to 20 years in prison and a $25,000 fine.
- Second-Degree Felony (F2): If the building is a commercial structure (not adapted for overnight accommodation) and no one is present, the charge is generally an F2, carrying up to 10 years in prison and a $25,000 fine.
Northampton County burglary conviction rates and sentencing statistics show that prosecutors push for state prison sentences, especially when homes are targeted. A strong defense is critical to avoiding maximum penalties.
The Difference Between Burglary and Trespassing Charges in Pennsylvania
The critical difference between burglary and criminal trespassing in Pennsylvania comes down to one word: intent. Criminal trespass involves unlawfully entering a property without permission. Burglary is an unlawful entry combined with the intent to commit another crime once inside.
Prosecutors frequently overcharge defendants with burglary when they only have evidence of trespassing. By attacking the “intent” element, we can often force the district attorney to reduce the charges to a lesser trespass offense.
What Happens at a Burglary Arraignment in Northampton County?
Your Northampton County burglary case timeline from arrest to trial moves quickly. At your preliminary arraignment, a Magisterial District Judge will set bail. Because burglary is a violent felony, bail is often set extremely high. Shortly after, you will face a preliminary hearing.
The preliminary hearing is not a trial; the prosecution only needs to show a “prima facie” case that a crime likely occurred. However, this is our first opportunity to cross-examine witnesses, lock in police testimony, and expose weaknesses in the Commonwealth’s evidence.
How to Fight a Burglary Charge in Northampton County, PA
Can burglary charges be dropped or reduced in Pennsylvania? Yes, with aggressive legal advocacy. We employ several strategies to fight these charges:
- Lack of Intent: We argue that you had no intention of committing a crime when you entered the building. If successful, the charge must be reduced to trespassing.
- Statutory Defenses: Under § 3502, it is a direct defense if the building was abandoned, the premises were open to the public, or you had a reasonable belief that you were licensed or privileged to enter.
- Mistaken Identity / Alibi: We challenge eyewitness testimony and forensic evidence to prove you were not the person who committed the entry.
One real story of beating a burglary charge in Pennsylvania involved a defendant who entered a neighbor’s open garage to retrieve a borrowed tool. By proving the defendant had a “claim of right” to the property and lacked criminal intent, the burglary charges were entirely dismissed.
Myths About Burglary Charges Defendants Believe
A common myth that hurts defendants is the belief that “because nothing was stolen, it isn’t burglary.” Again, the law only requires the intent to commit a crime, not the successful completion of one. Another myth is that returning stolen property will make the charges go away. It won’t—it will likely be used as a confession of guilt.
Why You Need a Criminal Defense Attorney for a Northampton County Burglary Case
What I wish I knew before hiring a criminal defense lawyer in Northampton County is that local experience matters. Why public defenders may not be enough for a Northampton County burglary case is simply a matter of caseloads and resources. You need a private attorney who can dedicate the time to conduct an independent investigation, file suppression motions, and negotiate aggressively with the DA.







