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Burglary charges in Philadelphia involve entering a building or home without permission and with the intent to commit a crime inside. Even if nothing was taken, the act of unlawful entry with criminal intent is enough to bring serious felony charges that carry long-term consequences, including state prison sentences and a permanent felony record.

At SKA Law Group, we  understand how a burglary charge can threaten your freedom, career, and reputation. We provide professional, authoritative, and empathetic legal representation to help you navigate the complexities of the criminal justice system. If you or a loved one has been charged with burglary in Philadelphia, early legal action is crucial to building a strong defense.

What is Considered Burglary Under Pennsylvania Law?

Under Pennsylvania law (18 Pa.C.S. § 3502), a person commits the offense of burglary if they enter a building or occupied structure with the intent to commit a crime inside. It is a common misconception that burglary only involves theft or “breaking and entering.” In reality, the intended crime can be anything—such as assault or vandalism—and the entry does not require forced entry or breaking a lock; simply walking through an unlocked door unlawfully is sufficient.

The grading of a burglary charge depends on several key factors: the type of structure entered, whether anyone was present at the time of the offense, and the specific intent of the actor.

Burglary vs. Trespassing

While burglary and criminal trespass are closely related property offenses, there is a critical legal distinction between the two. Criminal trespass (18 Pa.C.S. § 3503) involves unlawfully entering or remaining in a building or on property knowing you do not have the license or privilege to do so.

Burglary requires an additional, crucial element: the specific intent to commit a crime once inside. If a person enters a property unlawfully but has no intention of committing a crime—for example, seeking shelter from the weather—they may be charged with trespassing rather than burglary.

Penalties for a Burglary Conviction in Pennsylvania

Burglary is always charged as a felony in Pennsylvania, but the specific grading and penalties vary based on the circumstances of the offense. The law treats burglaries of residential homes where people are present as the most severe.

First-Degree Felony Burglary

Burglary is graded as a felony of the first degree in several scenarios: if the structure is adapted for overnight accommodations (a home) and someone is present; if it is a home and no one is present; if it is not a home but someone is present; or if the intent upon entering any structure is to commit the theft of a controlled substance. A conviction for a first-degree felony burglary carries a maximum penalty of up to 20 years in state prison and fines of up to $25,000.

Second-Degree Felony Burglary

Burglary is graded as a felony of the second degree only if the structure entered is not adapted for overnight accommodations (such as a commercial business or warehouse), no person is present at the time of the offense, and the actor’s intent is not to steal a controlled substance. A conviction for a second-degree felony burglary carries a maximum penalty of up to 10 years in state prison and fines of up to $25,000.

Defending Against Burglary Charges in Philadelphia

A burglary charge does not automatically mean a conviction. A skilled Philadelphia criminal defense attorney can analyze surveillance footage, witness statements, and the circumstances of the entry to build a robust defense strategy. Common defenses include:

Lack of Criminal Intent: The prosecution must prove that you entered the property with the specific intent to commit a crime. If you entered by mistake, due to intoxication, or without criminal intent, the burglary charge may be reduced to trespassing or dismissed.

Licensed or Privileged Entry: It is a statutory defense to burglary if the premises were open to the public at the time of the entry, or if the actor was licensed or privileged to enter the building.

Abandoned Property: Pennsylvania law provides a defense to burglary if the building or structure was abandoned at the time of the offense.

Mistaken Identity: Burglary cases often rely on eyewitness testimony or grainy security footage. An attorney can challenge the prosecution’s evidence identifying you as the perpetrator.

Common Mistakes to Avoid After a Burglary Arrest

If you are arrested for burglary, it is vital to protect your rights immediately. The biggest mistake you can make is attempting to explain your side of the story to the police without an attorney present. Law enforcement officers are trained to elicit statements that can be used against you in court.

You should politely decline to answer any questions, invoke your right to remain silent, and immediately request to speak with a criminal defense attorney. Additionally, avoid discussing the details of your case with friends, family, or cellmates, and stay off social media entirely.

Burglary in Philadelphia – FAQs

Q: What is considered burglary under Pennsylvania law?

A: In Pennsylvania, burglary is defined as entering a building or occupied structure with the intent to commit a crime inside. You do not have to actually commit the crime or “break in” by force; unlawful entry with criminal intent is enough to warrant charges.

Q: How does Pennsylvania define burglary vs trespassing?

A: The main difference is intent. Criminal trespass involves unlawfully entering or remaining on a property. Burglary involves unlawfully entering a property with the specific intent to commit a crime once inside.

Q: What are the penalties for a burglary conviction in Pennsylvania?

A: Burglary is a felony. A first-degree felony burglary (often involving homes or occupied structures) carries up to 20 years in prison and a $25,000 fine. A second-degree felony burglary (involving unoccupied commercial buildings) carries up to 10 years in prison and a $25,000 fine.

Q: Can burglary charges be reduced or dismissed in Pennsylvania?

A: Yes. Depending on the evidence, an experienced defense attorney may be able to negotiate with the prosecutor to reduce the charge to criminal trespass or another lesser offense. If the prosecution cannot prove criminal intent or if evidence was obtained illegally, the charges could be dismissed.

Q: How much does a burglary defense attorney cost in Philadelphia?

A: The cost varies based on the complexity of the case, the attorney’s experience, and the fee structure. Because burglary is a serious felony that carries decades of potential prison time, investing in an experienced criminal defense attorney is crucial.