Burglary is a serious criminal offense under 18 Pa.C.S. § 3502, which defines the crime as unlawfully entering a building or occupied structure with the intent to commit a crime inside. Burglary is generally categorized by degree, depending on factors such as whether the structure was occupied, the time of day, or whether weapons were used.
To convict someone of burglary, prosecutors must prove:
- You unlawfully entered a building or occupied structure
- You intended to commit a crime inside at the time of entry
Burglary charges in Philadelphia are considered violent or property crimes, often involving complex evidence like surveillance footage, witness testimony, and forensic analysis. That makes having an attorney experienced in burglary defense critical.
Types of Burglary Charges
Burglary cases can arise in many circumstances, from traditional home break-ins to commercial property offenses. Common scenarios include:
Residential Burglary
Residential burglary involves unlawfully entering a home or dwelling with the intent to commit theft, assault, or another crime. The presence of occupants at the time of the alleged offense often elevates the charge to first-degree burglary, carrying more severe penalties.
Commercial Burglary
Commercial burglary occurs when someone unlawfully enters a store, office, or other business premises with the intention of committing a crime. These cases often involve security footage, employee testimony, or inventory tracking to establish entry and intent.
Vehicle Burglary
Vehicle burglary charges can arise from breaking into cars, trucks, or other vehicles to steal property. While usually treated less severely than home or commercial burglary, repeated offenses or the theft of valuable property can increase exposure.
Burglary with Weapons
Entering a property while carrying a weapon or using a gun during a burglary can significantly enhance charges and penalties. This may include firearms, knives, or any object used to intimidate or threaten occupants.
Penalties & Consequences for Burglary in Pennsylvania
Burglary is a felony offense in Pennsylvania, with penalties varying by degree:
- First-degree burglary: Up to 20 years in prison
- Second-degree burglary: Up to 10 years in prison
- Third-degree burglary: Up to 7 years in prison
Fines, restitution, and probation may also be imposed. Beyond criminal sentencing, a burglary conviction can have lasting consequences:
- Permanent criminal record affecting employment, housing, and education opportunities
- Loss of professional licenses for certain occupations
- Collateral civil liability if property damage or theft is alleged
- Immigration consequences for non-U.S. citizens
Even a first-time burglary charge can have life-altering effects, making early and aggressive legal defense essential.
“It Was Just a Mistake” vs. Criminal Burglary
Not every entry into a property is considered burglary. Honest mistakes, such as accidentally entering the wrong building or being present without criminal intent, are not crimes.
Prosecutors must prove that you knowingly entered the property and intended to commit a crime. A key part of your defense is demonstrating a lack of intent, showing that your presence was accidental, misinterpreted, or lawful. Understanding the distinction between an honest error and criminal conduct is crucial in reducing or dismissing charges.
Who Prosecutes Burglary in Philadelphia?
In Philadelphia, burglary cases are typically prosecuted by the Philadelphia District Attorney’s Office. The DA works with the Philadelphia Police Department to investigate alleged burglaries, collect evidence, interview witnesses, and prepare court cases.
For cases with complex facts, such as high-value thefts, the use of weapons, or multiple co-defendants, the DA’s office may employ specialized units to pursue aggressive charges. Defending against these cases requires an attorney who knows how local prosecutors approach burglary investigations, evidence collection, and plea negotiations.
What to Expect in a Burglary Investigation
A burglary investigation in Philadelphia can be fast-moving and complex. Knowing what to expect at each stage can help you protect your rights and make informed decisions with your attorney. Every step, from the initial police investigation to potential sentencing, requires careful attention to avoid mistakes that could worsen your situation.
Police Investigation
Police may begin by interviewing witnesses, canvassing the neighborhood, reviewing surveillance footage, and collecting forensic evidence. Officers may also visit the scene multiple times and document physical evidence such as fingerprints or tools. Your attorney can guide you on how to respond if you are in this stage.
Charges Filed
Once the District Attorney determines there is probable cause, formal burglary charges are filed. The charges will specify the degree of burglary and any aggravating factors, such as the use of a weapon or the presence of occupants. Understanding the exact charges is critical to planning your defense strategy.
Arrest or Summons
Depending on the severity of the alleged burglary, you may be arrested on the spot or receive a summons to appear in court. Arrest procedures include fingerprinting, photographing, and booking. Your attorney can help ensure that your rights are protected during this process.
Arraignment
During arraignment, the court formally reads the charges, sets bail, and establishes conditions for your release. Your attorney can request reduced bail or advocate for pretrial release conditions that minimize disruption to your life. This is often your first opportunity to contest aspects of the case.
Pretrial Motions
Before trial, your attorney can file motions to suppress evidence, dismiss charges, or challenge procedural errors. Pretrial motions can significantly affect the strength of the prosecution’s case. Careful attention here often sets the tone for negotiations or trial preparation.
Plea Negotiation or Trial
Some cases are resolved through plea agreements, where charges may be reduced or penalties minimized. If no agreement is reached, the case proceeds to trial, where the DA must prove guilt beyond a reasonable doubt. Your attorney will prepare a defense strategy tailored to the evidence and facts of your case.
Sentencing & Post-Conviction Options
If convicted or if you accept a plea, the court imposes penalties such as incarceration, fines, or probation. Post-conviction relief, appeals, or alternative sentencing programs may also be available. Having experienced counsel ensures all available options are explored.
Early legal representation is critical, as it can influence whether charges are filed, how severe they are, and the overall direction of your case.
Defenses to Burglary Charges in Pennsylvania
A strong defense to burglary charges often requires a thorough review of the facts, evidence, and circumstances surrounding the alleged offense. Every case is unique, and the right strategy can mean the difference between dismissal, reduced charges, or acquittal.
- Lack of Intent to Commit a Crime: Demonstrating that entry was accidental, lawful, or without criminal intent.
- Alibi or Mistaken Identity: Proving you were elsewhere when the alleged burglary occurred.
- Insufficient Evidence: Challenging the credibility or reliability of witness testimony, surveillance footage, or physical evidence.
- Illegal Search & Seizure: Suppressing evidence obtained through unlawful police searches or procedures.
- Consent or Authorization: Showing that entry was permitted by the property owner or lawful under the circumstances.
These defenses are often used in combination to create a fact-driven strategy that highlights weaknesses in the prosecution’s case and protects your rights throughout the legal process.
How a Burglary Lawyer at Fienman Defense Can Help
Facing a burglary investigation or charge requires an attorney who understands both the law and how local prosecutors approach these cases. At Fienman Defense, we provide focused, strategic representation tailored to burglary cases in Pennsylvania:
- Early Intervention: We step in before statements are made or evidence is submitted, protecting you from inadvertently strengthening the case against you.
- Independent Investigation: We review police reports, witness statements, surveillance footage, and forensic evidence to uncover inconsistencies or weaknesses in the prosecution’s case.
- Focused Defense Strategy: Every defense is built around facts, intent, and credible evidence to reduce or dismiss charges, highlight a lack of criminal intent, or pursue alternative resolutions.
- Aggressive Negotiation: We engage directly with the DA to seek reduced charges, favorable plea deals, or alternatives to incarceration.
- Trial-Ready Representation: Every case is prepared as if it will go to trial, giving leverage during negotiations and protecting your rights in court.
- Client Support: We provide clear communication, guidance on collateral consequences, and coordination with other legal matters, ensuring your future is fully protected.
Attorney Michael H. Fienman has extensive experience defending individuals in state and federal courts across Pennsylvania and New Jersey. He is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, and federal courts in both states.
FAQs About Burglary Charges in Philadelphia
What Degree of Felony is Burglary in Pennsylvania?
Burglary charges in Pennsylvania are classified as first-, second-, or third-degree felonies, depending on factors such as whether the structure was a dwelling, whether it was occupied at the time, and whether a weapon was involved. First-degree burglary, the most serious, carries a sentence of up to 20 years in prison, while second- and third-degree charges carry sentences of up to 10 and 7 years, respectively. The degree of the charge can significantly affect potential sentencing, bail, and collateral consequences, making early legal guidance essential.
Can I Be Charged Even If I Didn’t Steal Anything?
Yes. Burglary is defined by unlawful entry with the intent to commit a crime, rather than by whether a theft or other offense actually occurs. Even if no property was taken or no crime was committed, prosecutors can pursue charges if they believe there was intent to commit a crime at the time of entry.
What If I Made a Mistake Entering the Property?
Accidental entry without the intent to commit a crime is generally not considered burglary under Pennsylvania law. Your attorney can gather evidence, witness statements, and other documentation to show that your presence was lawful or mistaken. Establishing a lack of criminal intent early can be crucial to having charges reduced or dismissed.
Do I Need a Lawyer Immediately After Being Charged?
Yes. Retaining an attorney as soon as possible is critical to protect your rights, prevent missteps in police or court interactions, and begin building a strong defense. Early legal representation can influence the severity of charges, bail decisions, and negotiation outcomes. Acting quickly also ensures your side of the story is presented before investigators or prosecutors form conclusions.
Can Burglary Charges Impact My Future?
Absolutely. A burglary conviction can affect employment opportunities, housing applications, professional licenses, and personal reputation for years. Even a first-time offense can create long-term challenges, so an aggressive defense focused on reducing or dismissing charges is essential to safeguarding your future.
Call Fienman Defense for Help With Philadelphia Burglary Charges
Burglary allegations can jeopardize your freedom, finances, and future. When the DA is building a case against you, you need an attorney who understands how to challenge evidence, protect your rights, and fight for the strongest possible outcome.
Contact Fienman Defense today at (215) 839-9529 or advice@philadelphiacriminalattorney.com to learn how Michael H. Fienman can defend you against burglary charges in Philadelphia and the surrounding areas.