What are the Burglary Laws and Penalties in Pennsylvania?

Burglary Laws and Penalties in Pennsylvania – A Helpful Guide

Getting charged with burglary can be scary. The penalties are harsh, and it can feel overwhelming trying to understand the legal system. This article will explain Pennsylvania’s burglary laws and penalties in a simple, easy-to-understand way. We’ll go over the basics of what burglary is, the different types of charges, sentencing guidelines, and potential defenses. Our goal is to educate Pennsylvanians so they know their rights and feel empowered when facing criminal charges.

What is Burglary in Pennsylvania?

Burglary refers to illegally entering a building or occupied structure with the intent to commit a crime inside. The crime does not need to be theft – it could be assault, vandalism, or any crime. Burglary does not require theft or force against a person. The illegal entry itself is enough to warrant charges if done with criminal intent.

There are 4 degrees of burglary charges in Pennsylvania:

• 1st Degree Burglary (Felony)
• 2nd Degree Burglary (Felony)
• 3rd Degree Burglary (Felony)
• 4th Degree Burglary (Misdemeanor)

The degree of charges depends on factors like:

• If the building was adapted for overnight accommodation
• If anyone was present in the building
• If the defendant was armed
• If the defendant assaulted anyone

Higher degree charges mean harsher potential penalties. First and second degree are the most serious felony burglary charges.

Penalties for Burglary in Pennsylvania

Convictions for burglary in PA carry severe penalties like fines, probation, and lengthy prison sentences. The potential sentencing ranges are:

• 1st Degree – Up to 20 years in prison
• 2nd Degree – Up to 10 years in prison
• 3rd Degree – Up to 7 years in prison
• 4th Degree – Up to 3 years in prison

In addition to incarceration, defendants face fines up to $25,000 depending on the degree charged. Other penalties include probation, community service, restitution to victims, and rehabilitation programs.

Defendants with prior burglary convictions may face enhanced penalties under Pennsylvania’s Three Strikes Law. This imposes mandatory minimum prison sentences for repeat offenders.

Defenses Against Burglary Charges

While the penalties are severe, there are defenses available. An experienced criminal defense lawyer can argue to get charges reduced or dismissed. Some common defenses in burglary cases include:

• No intent to commit a crime – If you entered a building for a lawful purpose like maintenance or repairs, you lacked criminal intent.
• Misidentification – Eyewitnesses can be wrong. If the prosecution lacks forensic evidence placing you at the scene, mistaken ID is possible.
• Intoxication – Voluntary intoxication can negate the intent element. You may have entered the building in an impaired state without realizing.
• Entrapment – Undercover cops cannot induce you into committing a crime you otherwise wouldn’t. This is entrapment.
• Self-defense – Unlawful entry may be justified if you reasonably believed you were in danger and entering was necessary to avoid harm.

An attorney will thoroughly examine the facts of your case to determine the best defense strategy. Don’t hesitate to consult a lawyer if you are under investigation or facing charges.

Finding a Burglary Lawyer in Pennsylvania

Facing criminal charges is scary, but a good lawyer can guide you through the process and protect your rights. When choosing an attorney, look for these qualities:

• Extensive experience handling burglary cases in Pennsylvania
• Strong record of positive case results
• Reputation for aggressive and strategic defense
• Compassionate counsel and concern for clients
• Reasonable legal fees

Also prioritize lawyers located in the jurisdiction where your case is. Local attorneys have insight into the prosecutors and judges which helps in crafting defense strategy.

Don’t take chances with your future. The costs of a conviction are too steep. Meet with a seasoned Pennsylvania burglary lawyer as soon as possible after charges are filed. With an expert on your side, you have the best chance at a favorable outcome.