Philadelphia Burglary Defense Lawyer: Pennsylvania and Federal Burglary Charges, Penalties, and Defenses

Burglary is a serious felony offense, but it is also frequently misunderstood. A burglary does not necessarily require breaking a window, forcing a door open, stealing property, or entering someone’s home in the middle of the night. Under Pennsylvania law, the central questions generally concern where the defendant entered, whether the defendant was authorized to be there, and—most importantly—what the defendant intended to do inside. Though not a crime of violence, burglary (particularly residential burglary) is often treated like a violent crime because of the likelihood of violence. Having an experienced burglary defense lawyer on your side is essential.

Burglary can also be prosecuted federally in certain circumstances, particularly when the alleged conduct targets federally protected institutions or property. Because burglary cases often depend heavily on circumstantial evidence about a defendant’s intent, a careful investigation of what happened before, during, and after the alleged entry can be critical.

What Is Burglary Under Pennsylvania Law?

Pennsylvania’s burglary statute is 18 Pa.C.S. § 3502. At its core, burglary occurs when a person enters a building or occupied structure, or a separately secured or occupied portion of one, with the intent to commit a crime inside. Pennsylvania defines an “occupied structure” broadly to include a structure, vehicle, or place adapted for overnight accommodation or for carrying on business, whether or not someone is actually present. 

Burglary covers a lot of conduct not typically contemplated when non-lawyers hear the term burglary. For example, a person who goes to a museum and while inside decides to steal a valuable gem would be guilty of theft, but not of burglary. On the other hand, a person who enters the museum intending to kill another person has committed burglary even if – once inside – deciding not to go through with the killing.

The statute divides burglary into several categories based principally upon whether the structure is adapted for overnight accommodations and whether another person is present.

The most serious form includes entering a home or other structure adapted for overnight accommodation while another person is present and committing, attempting, or threatening a “bodily injury crime.” The statute also separately covers entry into an overnight accommodation where someone is present, an overnight accommodation where nobody is present, a nonresidential structure where someone is present, and a nonresidential structure where nobody is present. 

Importantly, the prosecution does not necessarily have to prove that the intended crime was completed. The required intent must generally exist when the defendant makes the unlawful entry.

For example, entering a warehouse intending to steal equipment could constitute burglary even if an alarm sounds immediately and the person leaves without taking anything.

Pennsylvania Burglary Penalties

Burglary is ordinarily a first-degree felony in Pennsylvania. The principal exception is an offense under § 3502(a)(4)—a structure not adapted for overnight accommodations where nobody is present—which is generally a second-degree felony. However, that offense becomes a first-degree felony when the intended crime is theft of controlled substances or designer drugs. 

Pennsylvania law authorizes up to 20 years’ imprisonment for a first-degree felony and up to 10 years for a second-degree felony. The actual sentence in a particular case depends upon much more than the statutory maximum, including the applicable Pennsylvania Sentencing Guidelines, the defendant’s prior record, the precise circumstances of the offense, aggravating or mitigating evidence, and any applicable sentencing provisions. 

The distinction between residential and commercial burglary—and whether someone was present—can therefore have enormous consequences.

Examples of Conduct That Can Lead to Burglary Charges

Burglary allegations can arise from many different circumstances. Examples might include entering someone’s house intending to steal jewelry; breaking into a closed store intending to take merchandise; entering an office after hours intending to steal computers; entering an ex-partner’s residence without permission intending to assault someone; or entering a pharmacy intending to steal controlled substances.

The intended offense does not have to be theft. Pennsylvania’s statute requires an intent to commit a crime therein, meaning burglary can potentially be based on an alleged intent to commit assault, robbery, a sexual offense, property damage, or another crime. 

And “breaking and entering” is not itself an element of Pennsylvania burglary. Walking through an unlocked door can potentially result in a burglary charge if the other statutory requirements are satisfied.

When Is Burglary a Federal Crime?

There is no single federal statute that converts every ordinary residential or commercial burglary into a federal offense. Most traditional burglaries are prosecuted under state law. Federal jurisdiction generally arises because of what property or institution was targeted or some other specific federal jurisdictional basis.

One important example is bank burglary under 18 U.S.C. § 2113(a). Federal law prohibits entering or attempting to enter a federally covered bank, credit union, savings and loan association, or a building used in whole or part by such an institution with intent to commit a qualifying federal felony or larceny inside. 

Federal law also specifically addresses burglary involving controlled substances. Under 18 U.S.C. § 2118(b), unauthorized entry, attempted entry, or remaining on the business premises or property of a DEA registrant with intent to steal controlled substances can constitute a federal offense when one of the statute’s jurisdictional conditions is satisfied. The basic offense carries up to 20 years in federal prison; aggravated provisions can increase exposure where a dangerous weapon is used or a person is killed. 

Title 18 also contains specialized federal offenses involving entry into post offices and carrier facilities, among other federally protected property. Federal law can additionally reach burglary in Indian country under the circumstances specified in 18 U.S.C. § 1153. 

Federal burglary sentencing can involve the advisory United States Sentencing Guidelines, so the ultimate sentencing exposure cannot necessarily be determined simply by looking at a statutory maximum.

Burglary Versus Criminal Trespass

One of the most important distinctions in Pennsylvania is between burglary and criminal trespass.

Under 18 Pa.C.S. § 3503, criminal trespass generally focuses on knowingly entering or remaining somewhere without being licensed or privileged to do so. Pennsylvania grades certain building-related trespass offenses as third-degree or second-degree felonies depending upon the manner of entry. 

Burglary adds something critical: the intent to commit a crime inside.

Consider someone who unlawfully enters a closed warehouse merely to sleep there. That conduct may potentially support a trespass charge, but it does not automatically establish burglary. If prosecutors claim the person entered intending to steal equipment, they must prove that additional criminal intent.

That distinction can become one of the central issues at trial.

Related Charges

A burglary investigation may generate numerous additional charges depending upon the allegations.

Those can include criminal trespass, theft, receiving stolen property, criminal mischief, conspiracy, possessing instruments of crime, robbery, simple or aggravated assault, firearms offenses, and attempted burglary.

Pennsylvania also places an important limitation on multiple sentences. Section 3502(d) provides that a defendant generally may not be sentenced both for burglary and the offense he intended to commit after the entry, unless that additional offense constitutes a first- or second-degree felony. 

Multiple defendants can create additional complexity. Prosecutors may rely upon conspiracy or accomplice-liability theories even when only one person allegedly entered the building.

Common Defenses to Burglary

Lack of criminal intent is frequently one of the most important defenses. Presence inside a building does not, by itself, establish that a person entered intending to commit another crime. Because intent is rarely captured directly on video, prosecutors often attempt to establish it through circumstantial evidence.

Permission or privilege to enter can provide another significant defense. Pennsylvania’s statute expressly provides defenses where the premises were open to the public, the defendant was licensed or privileged to enter, or the building or structure was abandoned. 

This can become especially important when the parties know each other. Cases involving former partners, family members, roommates, employees, contractors, or people who previously had access to the property can present complicated questions concerning consent and authority.

Mistaken identification can also be central. Burglary investigations may depend upon surveillance footage, eyewitness testimony, fingerprints, DNA, clothing, cell-phone location information, license-plate readers, or possession of allegedly stolen property. Each form of identification evidence should be independently examined rather than assumed to be reliable.

Other defenses may include an alibi, insufficient proof of entry, lack of proof that the structure satisfies the statutory requirements, or insufficient evidence connecting the defendant to a conspiracy.

Challenging Searches, Statements, and Digital Evidence

Burglary investigations increasingly rely upon electronic evidence. Police may seek search warrants for phones, homes, vehicles, social-media accounts, location records, or other digital information.

Defense counsel should examine whether a search was supported by probable cause, whether the warrant was sufficiently particular, and whether officers remained within its lawful scope. Statements to investigators should similarly be reviewed for potential Fifth Amendment and Miranda issues.

A successful motion to suppress important physical evidence, digital evidence, or a defendant’s statements can substantially change the prosecution’s case, although suppression does not automatically require dismissal if other admissible evidence remains.

Building a Strategic Burglary Defense

An effective burglary defense begins by separating assumptions from evidence.

Why was the defendant allegedly inside the property? Was entry actually unauthorized? What evidence establishes the defendant’s intent at the time of entry? Did anyone witness the entry? Does surveillance footage reliably identify the defendant? Was property actually taken? Could another person have committed the offense? Were searches and interrogations constitutional?

Those questions matter because burglary is more than simply being somewhere a person should not be.

Loncar Law Firm provides strategic criminal defense representation in Philadelphia for serious criminal offenses, including residential and commercial burglary, theft crimes, conspiracy, robbery, and more. A strong defense begins with investigating the government’s evidence, challenging unsupported conclusions, and requiring the prosecution to prove every element of the offense beyond a reasonable doubt.