How Burglary Charges Work in Pennsylvania

Oct 29 2026 18:50

Quick Summary: In Pennsylvania, burglary is not limited to “breaking into a house.” Under 18 Pa.C.S. § 3502, a person can face a burglary charge by entering certain buildings or occupied structures with the intent to commit a crime inside. The grade of the charge depends primarily on whether the location was used for overnight accommodations, whether anyone was present, and—in one especially serious category—whether a bodily-injury crime was committed, attempted, or threatened inside.

For someone under investigation or already arrested, the exact facts matter. Thomas & Robbins, LLC helps clients understand what the Commonwealth must prove, the felony level at issue, and the potential consequences of a burglary allegation.

The Basic Elements of Burglary: 18 Pa.C.S. § 3502

Pennsylvania’s burglary statute requires more than simply being somewhere without permission. Prosecutors must generally prove that a person entered a building, occupied structure, or separately secured or occupied portion of one with the intent to commit a crime inside.

An “occupied structure” is broadly defined in 18 Pa.C.S. § 3501. It can include a structure, vehicle, or place adapted for overnight accommodation or for conducting business, whether or not someone is actually there. That means a burglary allegation may involve a residence, apartment, store, office, warehouse, or a secured area within a larger building.

Importantly, the intended crime does not have to be theft. An allegation that someone entered intending to commit assault, criminal mischief, or another offense can potentially support a burglary charge if the statutory elements are present.

Burglary of an Occupied Home or Overnight Accommodation

One common form of burglary involves entering a building or occupied structure adapted for overnight accommodations while another person is present. This category includes more than a traditional single-family home. Depending on the facts, it can include an apartment, hotel room, or separately secured residential area.

Under 18 Pa.C.S. § 3502(a)(1)(ii), entering this type of occupied overnight accommodation with intent to commit a crime inside is generally a first-degree felony. The prosecution still must establish the required intent and address whether the person was licensed or privileged to enter.

A first-degree felony carries a statutory maximum of 20 years of imprisonment under 18 Pa.C.S. § 1103. A court may also impose a fine of up to $25,000 for a first- or second-degree felony under 18 Pa.C.S. § 1101. The actual sentence can vary substantially based on the facts, criminal history, sentencing guidelines, and other lawful sentencing considerations.

Occupied Residential Burglary With a Bodily-Injury Crime

The most serious burglary fact pattern under Section 3502 is found in 18 Pa.C.S. § 3502(a)(1)(i). It applies when a person enters an occupied structure adapted for overnight accommodations, another person is present, and the accused commits, attempts, or threatens to commit a bodily-injury crime inside.

The statute defines bodily-injury crimes by reference to offenses involving homicide, assault, kidnapping, and certain related conduct. This category can create exposure well beyond a property-crime allegation because the Commonwealth may pursue charges tied to the alleged violence as well.

This remains a first-degree felony, but the sentencing stakes may be higher. Pennsylvania law directs the Sentencing Commission to provide an enhancement for this specific category. It is also treated as a crime of violence for repeat-offender purposes under 42 Pa.C.S. § 9714. A qualifying prior crime-of-violence conviction can trigger a mandatory minimum sentence of 10 years; two or more qualifying prior convictions from separate criminal transactions can trigger a 25-year mandatory minimum.

Burglary of an Unoccupied Home or Residential Space

A person may also be charged under 18 Pa.C.S. § 3502(a)(2) for entering a place adapted for overnight accommodations when no one is present, provided there was intent to commit a crime inside. For example, an allegation involving an empty residence, vacant apartment that is not abandoned, or unoccupied rental unit may fall into this category.

Although no one was present, this form of burglary is still generally a first-degree felony. The maximum statutory penalty is therefore up to 20 years in prison, along with a potential fine of up to $25,000. The absence of a person may be central to sentencing arguments, but it does not automatically reduce the charge to a second-degree felony.

Burglary of an Occupied Business or Other Nonresidential Structure

Section 3502 also covers a building or occupied structure not adapted for overnight accommodations when a person is present. Under 18 Pa.C.S. § 3502(a)(3), alleged entry into an occupied business, office, commercial facility, or secured nonresidential area with intent to commit a crime may result in burglary charges.

This category is generally a first-degree felony, exposing a person to a maximum of 20 years’ incarceration and a possible $25,000 fine. Whether someone was present at the time of the alleged entry can be a key factual issue. So can whether the area entered was separately secured or whether the accused had permission to be there.

Unoccupied Business Burglary and the Drug-Theft Exception

The lowest standard burglary grade is usually found in 18 Pa.C.S. § 3502(a)(4): entering a nonresidential structure where no person is present with the intent to commit a crime inside. An allegation involving an empty store, office, or other non-overnight commercial location may be charged under this subsection.

Ordinarily, this is a second-degree felony, with a statutory maximum of 10 years in prison and a possible fine of up to $25,000. However, the statute contains an important exception. If the alleged intent was to steal a controlled substance or designer drug, the offense is elevated to a first-degree felony, even though the nonresidential building was unoccupied.

Attempt, Conspiracy, Accomplice Liability, and Related Charges

An arrest need not follow a completed entry. Under 18 Pa.C.S. § 901, criminal attempt may apply if a person takes a substantial step toward committing a specific crime. Under 18 Pa.C.S. § 905, attempt, solicitation, and conspiracy are generally graded at the same grade and degree as the most serious intended offense.

Someone who did not physically enter a structure can also face exposure as an alleged accomplice. Under 18 Pa.C.S. § 306, a person may be legally accountable if, intending to promote or facilitate the offense, they solicit, aid, agree to aid, or attempt to aid in planning or committing it.

Related allegations—such as theft, criminal trespass, assault, possession of burglary tools, or conspiracy—may also be charged depending on the evidence. Thomas & Robbins, LLC evaluates each count separately, including whether the evidence actually supports the required intent, entry, and lack of permission.

Potential Defenses and Why the Facts Matter

Section 3502 expressly recognizes defenses when the structure was abandoned, the premises were open to the public, or the person was licensed or privileged to enter. A charge may also raise fact-specific questions about intent, identity, whether an entry occurred, whether a location was adapted for overnight accommodation, and whether someone was present. I have seen many contractors, cleaners, and other workers be falsely accused of burglary when they had every right to be on the premises.

Burglary cases are never one-size-fits-all. An early review of the complaint, police reports, video, witness accounts, and alleged purpose for entering can be crucial. Thomas & Robbins, LLC can assess the allegations, explain the potential penalties, and build a defense strategy tailored to the facts.

FAQ

Do you have to steal something to be charged with burglary in Pennsylvania?

No. The prosecution must allege intent to commit a crime inside, but that intended crime does not have to be theft, and the crime does not necessarily have to be completed.

Is burglary always a first-degree felony in Pennsylvania?

No. Burglary of an unoccupied nonresidential structure is generally a second-degree felony under 18 Pa.C.S. § 3502(a)(4). It can become a first-degree felony if the alleged intent was to steal a controlled substance or designer drug.

What is the difference between burglary and criminal trespass?

Burglary requires intent to commit a crime inside after the entry. Criminal trespass under 18 Pa.C.S. § 3503 can apply to unauthorized entry or remaining without that additional intent element.

Can a person be charged if they stayed outside as a lookout?

Potentially. A person who intentionally aids, agrees to aid, or attempts to aid the offense may face accomplice liability under 18 Pa.C.S. § 306.

Can an alleged burglary carry penalties beyond prison and fines?

Yes. A conviction can also bring restitution, probation or parole conditions, a felony record, and serious collateral consequences. Prior convictions and allegations of violence can significantly affect sentencing exposure.

 

Call Attorney Melissa Thomas to discuss your case today.

215-278-2388