Burglary in PA (Maximums and Defenses)

Burglary in Pa is a serious felony offense. A conviction for the crime is like a diamond, it lasts forever. You have to be extremely careful with who you pick to handle this case because picking wrong can ruin your life. When people ask “Who is the best burglary attorney near me?” The people have spoken, it’s The McShane Firm

 

burglary

The Law

You can read the exact wording of the law here: § 3502.  Burglary.

In essence, and over simplified, robbery is a threat plus either use of force or a threat of use of force. But let’s look over what the government has to prove in finer detail.

What the government has to prove:

It is vital to remember what too many prosecutors and even defense attorneys forget. You are presumed to be innocent. Being charged with a crime is not evidence of guilt. You have no burden to prove yourself innocent. And you should not accept the job of trying to prove yourself innocent. Innocent is how you start and what you remain unless the government can prove beyond a reasonable doubt the following:

Felony of the First Degree Burglary-Alternative one:

  1. The accused
  2. entered a building or occupied structure, or separately secured or occupied portion thereof,
  3. that is adapted for overnight accommodations 
  4. in which at the time of the offense
  5. any person is present and
  6. the person commits, attempts or threatens to commit a bodily injury crime therein;

Felony of the First Degree Burglary-Alternative two:

The government must prove beyond a reasonable doubt the following:

  1. the accused
  2. entered a building or occupied structure, or separately secured or occupied portion thereof
  3. that is adapted for overnight accommodations
  4. in which at the time of the offense
  5. any person is present;

Felony of the First Degree Burglary-Alternative three:

The government must prove beyond a reasonable doubt the following:

  1. the accused
  2. entered a building or occupied structure, or separately secured or occupied portion thereof
  3. that is not adapted for overnight accommodations
  4. in which at the time of the offense
  5. any person is present;

Felony of the Second Degree Burglary:

The government must prove beyond a reasonable doubt the following:

  1. the accused
  2. entered a building or occupied structure, or separately secured or occupied portion thereof
  3. that is not adapted for overnight accommodations
  4. in which at the time of the offense no person is present.

Maximum Penalties

You have to be smart and think beyond the instant outcome of these allegations. Because a felony is life changing. Consider this: Felony Conviction Consequences in Pennsylvania

Felony of the First Degrees in PA carry with them a maximum term in prison not to exceed 20 years and a maximum fine not to exceed $25,000.

A felony of the Second Degree in PA carries with it a maximum term in prison not to exceed 10 years and a maximum fine not to exceed $25,000.

Note: Be aware of possible unconstitutional enhancements

The burglary law has the following language:

(ii)  If the actor’s intent upon entering the building, structure or portion under subparagraph (i) is to commit theft of a controlled substance or designer drug as those terms are defined in section 2 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, burglary is a felony of the first degree.

This enhancement in terms of the maximum penalty is not an element of the crime. As such, whether or not it was theft of drugs is not before the jury. Without the jury finding this fact beyond a reasonable doubt, this enhancement in the maximum sentence is presumptively unconstitutional. Lots of attorneys do not know this. It is the difference of years or decades in jail.

Statutory Defenses

The law specifically sets out these defenses. Therefore, the judge cannot prevent you from using them.

it is not a crime if at the time of the offense:

(1)  The building or structure was abandoned.

(2)  The premises are open to the public.

(3)  The actor is licensed or privileged to enter (i.e., had permission).