Burglary Attorneys
Experienced legal representation for burglary matters across all 50 states.
About Burglary
Burglary is the unlawful entry into a building or structure with the intent to commit a crime inside, most commonly theft. Unlike robbery, which involves direct confrontation with a victim, burglary is primarily defined by the act of unauthorized entry coupled with criminal intent. Modern burglary statutes have expanded significantly from the common law definition, which was limited to the breaking and entering of a dwelling at nighttime. Today, burglary can be charged for unauthorized entry into any structure, including commercial buildings, vehicles, storage units, and fenced enclosures, and at any time of day or night.
Burglary is graded by degrees based on factors that affect the severity of the offense and the danger posed to potential occupants. First-degree or residential burglary, involving entry into an occupied dwelling, is treated most seriously because of the heightened risk of violent confrontation with residents. Second-degree or commercial burglary, involving entry into unoccupied commercial buildings or other structures, is generally treated less severely. Many states also recognize aggravated burglary, which involves additional dangerous elements such as being armed during the burglary, causing injury to an occupant, or burglarizing the dwelling of a particularly vulnerable person.
Defending against burglary charges focuses on challenging the prosecution on the essential elements: unlawful entry and criminal intent at the time of entry. The prosecution must prove not only that the defendant entered a structure without authorization, but that they did so with the specific intent to commit a crime inside. If the intent to commit a crime formed only after lawful entry, the offense may not constitute burglary. Additional defenses include consent to enter, mistake of fact regarding authorization, challenging identification evidence, and establishing that the structure does not meet the statutory definition. Forensic evidence such as fingerprints, DNA, tool marks, and surveillance footage frequently plays a critical role in burglary prosecutions and defense.
Why You Need a Burglary Attorney
Burglary is treated as a serious felony throughout the United States because it represents an invasion of spaces where people live, work, and store their property. Residential burglary, in particular, is among the most feared crimes because of the violation of the home and the potential for violent confrontation. Sentences for first-degree residential burglary frequently range from 4 to 20 years, with habitual offender enhancements potentially resulting in life sentences. Even second-degree commercial burglary can carry sentences of 2 to 10 years or more.
Burglary convictions create severe long-term consequences beyond the immediate sentence. Burglary is classified as a crime of violence for many purposes under federal law, which means it serves as a predicate offense under the Armed Career Criminal Act, counts as a strike under state three-strikes laws, and triggers firearms disabilities. For immigration purposes, burglary of a dwelling is typically classified as an aggravated felony resulting in mandatory deportation for non-citizens. The felony conviction affects employment, housing, and educational opportunities for years or decades after the sentence is served. Effective defense representation from the earliest stage of the case is essential to challenge the prosecution and mitigate these consequences.
Common Burglary Cases
Residential Burglary (First Degree)
Unlawful entry into an inhabited dwelling with intent to commit theft or another felony. This is the most seriously prosecuted form of burglary due to the risk of confrontation with residents and carries the harshest penalties, including lengthy prison sentences.
Commercial Burglary (Second Degree)
Unlawful entry into a business, warehouse, storage facility, or other non-residential structure with criminal intent. While less severely punished than residential burglary, commercial burglary remains a felony with significant sentencing exposure.
Vehicle Burglary
Unauthorized entry into a locked vehicle with intent to commit theft. Some states classify vehicle burglary as a separate offense from building burglary, and the penalties may be less severe, though it remains a felony in many jurisdictions.
Attempted Burglary
Taking substantial steps toward committing a burglary without actually completing the entry. Evidence of attempted burglary may include tool marks on doors or windows, surveillance footage showing the defendant trying to gain entry, or possession of burglary tools near the target structure.
Aggravated Burglary
Burglary committed with additional aggravating factors such as being armed with a weapon, causing physical harm to an occupant, or targeting the dwelling of an elderly or disabled person. Aggravated burglary carries enhanced penalties that may include mandatory minimum sentences.
Possession of Burglary Tools
Possessing tools commonly used to commit burglary, such as lock picks, slim jims, crowbars, or master keys, with the intent to use them to unlawfully enter a structure. This offense can be charged independently or in addition to burglary charges.
Typical Burglary Case Timeline
Investigation
Days to weeksLaw enforcement investigates the burglary by processing the crime scene for fingerprints, DNA, and tool marks, reviewing surveillance footage, canvassing for witnesses, and checking pawnshop and online marketplace records for stolen property.
Arrest and Arraignment
Variable; 24-72 hours after arrestThe defendant is arrested, booked, and arraigned before a judge. Bail is set based on the degree of burglary charged, criminal history, and flight risk. Residential burglary charges typically result in higher bail amounts.
Discovery and Investigation
2-5 monthsThe defense reviews all prosecution evidence including forensic reports, surveillance footage, witness statements, and property records. Independent investigation may include locating alibi witnesses and retaining forensic experts.
Pretrial Motions and Negotiations
1-3 monthsThe defense files motions to suppress evidence obtained through illegal searches and challenges the sufficiency of evidence on the elements of burglary. Plea negotiations may focus on reducing the degree of burglary or the charged offense.
Trial
2-5 daysThe prosecution must prove beyond a reasonable doubt that the defendant unlawfully entered a structure with the specific intent to commit a crime inside. Forensic evidence, surveillance footage, and circumstantial evidence of intent are typically central to the trial.
Sentencing
4-8 weeks after convictionThe court considers the degree of burglary, whether the structure was occupied, the defendants criminal history, and any aggravating or mitigating factors in determining the appropriate sentence.
Know Your Rights
- You have the right to remain silent and should not discuss the allegations with law enforcement without your attorney present.
- You have the right to refuse consent to a search of your home, vehicle, or person. If police ask to search, clearly and politely decline.
- You have the right to an attorney, and you should invoke this right immediately upon arrest or questioning.
- You have the right to challenge the forensic evidence used against you, including fingerprints, DNA, and tool mark comparisons.
- You have the right to review all surveillance footage and evidence the prosecution intends to use at trial.
- You are presumed innocent, and the prosecution must prove both unlawful entry and criminal intent beyond a reasonable doubt.
- You have the right to present a defense, including evidence of consent to enter, lack of criminal intent, alibi, or misidentification.
What to Look for in a Burglary Attorney
When charged with burglary, seek an attorney experienced in defending property and violent crime cases who understands the specific elements of burglary law in your jurisdiction. Burglary cases frequently turn on circumstantial evidence, and your attorney should be skilled at challenging the prosecutions ability to prove criminal intent at the time of entry. Ask about their experience with forensic evidence challenges, including fingerprint analysis, DNA evidence, tool mark comparison, and surveillance footage interpretation. If identification is an issue, the attorney should have experience challenging eyewitness testimony and circumstantial identification evidence. For residential burglary cases carrying severe penalties, ensure the attorney has significant trial experience and is prepared to mount an aggressive defense. The attorney should also be knowledgeable about plea negotiation strategies that may reduce first-degree burglary to a lesser offense such as second-degree burglary, trespassing, or theft.
Questions to Ask Your Burglary Attorney
- 1What degree of burglary am I charged with, and what is the maximum sentence I face?
- 2What forensic evidence connects me to the alleged burglary, and can it be challenged?
- 3Is there surveillance footage, and if so, how clearly does it identify me?
- 4Can the charge be reduced to a lesser offense such as trespassing or attempted burglary?
- 5Are there any co-defendants, and how does their involvement affect my case?
- 6Is the prosecution relying on circumstantial evidence to prove criminal intent, and how strong is that evidence?
- 7Are there any issues with how the evidence was collected or preserved that could lead to suppression?
Understanding Burglary Legal Costs
Burglary defense costs depend on the degree of the charge and the complexity of the evidence. Second-degree commercial burglary cases may be handled for flat fees or retainers of $5,000 to $15,000. First-degree residential burglary, which carries the most severe penalties, typically requires retainers of $10,000 to $40,000, with trial cases at the higher end. Aggravated burglary cases with sentencing enhancements may require $25,000 to $60,000 or more. Expert witness fees for forensic analysts, surveillance video experts, and private investigators add to the total cost. Cases involving multiple counts of burglary or extensive forensic evidence require more attorney time and resources. Payment plans are often available, and the cost of defense should be considered in light of the potential for years of incarceration and a permanent violent felony record.
Key Legal Terms
Video Resources
These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.
Robbery vs Burglary vs Theft - What is the Difference?
LegalEagle
Burglary Laws Explained - Degrees and Defenses
Law Venture
What Are Your Rights During a Police Search
Aimee the Attorney
Frequently Asked Questions About Burglary
Citations & Sources
- [1]The FBI estimated approximately 847,000 burglaries were reported to law enforcement in the United States in 2022, continuing a long-term downward trend from the peak of approximately 3.8 million in 1980. — FBI Crime Data Explorer, 2022
- [2]Approximately 57 percent of burglaries in 2022 involved residential properties, with the remaining 43 percent targeting commercial and other non-residential structures. — FBI Crime in the United States, 2022
- [3]The burglary clearance rate in 2022 was approximately 15 percent, one of the lowest clearance rates among major crime categories, reflecting the difficulty of identifying suspects in crimes that typically lack witnesses. — FBI Uniform Crime Report, 2022
- [4]Burglary of a dwelling has been recognized as a violent felony under the Armed Career Criminal Act, serving as a predicate offense for the 15-year mandatory minimum sentence enhancement. — U.S. Department of Justice, Criminal Resource Manual
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