Beating Burglary Charges in Pennsylvania

Despite common misconceptions, burglary doesn’t mean you stole something when you broke into a home. In Pennsylvania, a burglary charge requires that the Commonwealth proves that you broke into “a building or occupied structure” that is “adapted for overnight accommodations.” In other words, burglary is what happens when someone breaks into a home where someone can live overnight.

Burglary charges come with serious consequences and can lead to a decade or more in jail.

Burglary is a felony, and its grading depends on whether someone was present in the building or home when it was broken into. Burglaries often take place with accomplices, and when one person is arrested, it’s usually not long before the other participants are charged too.

The Pennsylvania Burglary Statute reads as follows:

§ 3502.  Burglary.

(a)  Offense defined.–A person commits the offense of burglary if, with the intent to commit a crime therein, the person:

(1)  (i)  enters a building or occupied structure, or separately secured or occupied portion thereof, that is adapted for overnight accommodations in which at the time of the offense any person is present and the person commits, attempts or threatens to commit a bodily injury crime therein;

(ii)  enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodations in which at the time of the offense any person is present;

(2)  enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodations in which at the time of the offense no person is present;

(3)  enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense any person is present; or

(4)  enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense no person is present.

There are a number of ways to handle a burglary charge. First, it’s important to know what evidence the Commonwealth of Pennsylvania has against you. Is it eye-witness testimony? A cooperating co-defendant? Or was there video of the break-in? Most burglary charges do not feature fingerprints or DNA evidence, so the government is likely to use one of these other evidences for their case. In some cases, those charged may also see references to their own social media activity if they posted something about the break-in.

Burglary can be plead down to lower charges in many instances, especially if restitution for the break-in is provided by the defendant or family members. The prosecutors of these charges are often able to provide better deals where a victim can be repaid in some manner.

Finally, defenses to burglary also include necessity, a rare but important defense that allows the defendant to avoid the consequences if they had no choice to go into the building for physical safety.

The first priority of a defendant in burglary cases is to ensure that their attorney knows all the details they know and is able to thoroughly investigate the case. Good defense attorneys want to know all the facts before they get the government’s side of the story, and failing to disclose anything to your attorney is always a bad move.

If you or a loved one is charged with burglary, it’s vital that you have an excellent defense attorney in your corner. Call us at Cornerstone Law Firm today to speak with an attorney about your case, how to investigate it, and how best to defend it.