Does something have to actually be stolen for it to be burglary?

No. Burglary is complete at the moment of unlawful entry with intent to commit a crime inside, regardless of whether anything was actually taken or the intended crime was completed.

What's the difference between a first-degree and second-degree felony burglary charge?

Under § 3502(c), burglary is a first-degree felony in most cases, but it's reduced to a second-degree felony where the building isn't adapted for overnight accommodation and no person is present at the time — typically an unoccupied non-residential structure.

Can I be convicted of both burglary and theft for the same incident?

Section 3502(d) generally prevents being convicted of both burglary and the specific crime that was the object of the entry, such as theft, when the burglary charge is based on that same intended offense — though the facts of each case matter.

What if I had permission to be in the building?

A license or privilege to enter, or premises genuinely open to the public at the time, are defenses built into § 3502(a) itself — if entry wasn't unlawful, burglary can't be sustained on that entry.

What other charges usually come with a burglary charge?

Criminal trespass, theft, criminal mischief, and sometimes robbery or possessing instruments of crime are common companion charges from the same incident, and how they're charged together affects the overall exposure.

Am I eligible for ARD on a burglary charge?

It depends on the county, the facts, and the client's prior record — burglary is a felony, so eligibility for ARD or another diversionary program is far from automatic, but it's worth evaluating early rather than assuming it's off the table.

Can a burglary conviction be expunged later?

A felony conviction is generally not eligible for expungement in Pennsylvania absent a pardon, which is why resolving the case short of a felony conviction — through negotiation, diversion, or trial — matters for long-term record consequences.

Theft & Property Crimes · Burglary

Burglary is charged as a first-degree felony more often than people expect, and the affidavit's entry details decide the grading fight.

Burglary under § 3502 isn't about what, if anything, actually got taken — it's about entering a building or occupied structure without permission while intending to commit a crime once inside. That means a case can start as a burglary charge even where nothing was stolen, damaged, or completed, because the offense is complete at the moment of unlawful entry with the required intent. Because the grading depends heavily on whether the structure was adapted for overnight accommodation and whether anyone was actually present or likely to be present, two burglaries with nearly identical facts can carry very different exposure depending on how the police report characterizes the building and the time of entry. These cases frequently arrive bundled with criminal trespass, theft, and sometimes robbery counts from the same incident, and untangling which counts can actually be sustained together matters as much as fighting any one of them. I handle burglary charges across Dauphin, Cumberland, York, and Adams counties from the preliminary hearing forward.

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How Pennsylvania handles it

Burglary Under 18 Pa.C.S. § 3502 in Pennsylvania.

Section 3502(a) defines burglary as entering a building or occupied structure, or a separately secured or occupied portion of one, with intent to commit a crime inside, unless the premises are open to the public or the person is licensed or privileged to enter. Under § 3502(c), burglary is graded a felony of the first degree in most circumstances, but it drops to a felony of the second degree where the building or structure is not adapted for overnight accommodation and no person is present at the time of the offense — for example, an unoccupied commercial building at night with no residential use. Section 3502(d) contains a merger rule: a person can't be convicted of both burglary and the separate offense that was the object of the entry (such as theft under § 3921) when the burglary conviction is based on that same intended crime, though burglary and criminal trespass under § 3503 or robbery under § 3701 can still be charged and pursued as separate counts depending on the facts. Sentencing follows § 1103's felony maximums — up to 20 years for the F1 grading, up to 10 for the F2.

Statute: 18 Pa.C.S. § 3502[1][2]

Defenses & record relief

Depending on the client's record and the facts, ARD or another diversionary program, negotiated restitution to resolve the case short of a felony conviction, and eventual expungement or sealing of the record are all things I evaluate from the first conversation, not as an afterthought.

theft vs. robbery · expungement lawyer · preliminary hearing lawyer

Burglary Under 18 Pa.C.S. § 3502: orders, grading, and maximum exposure under 18 Pa.C.S. § 3502
Order, offense & grading	Maximum exposure
§ 3502(c) — burglary, standard grading Applies where the structure is adapted for overnight accommodation, or a person is present or likely to be present, at the time of entry.	Felony of the first degree, up to 20 years under § 1103
§ 3502(c) — reduced grading Applies where the building isn't adapted for overnight accommodation and no person is present — typically an unoccupied non-residential structure.	Felony of the second degree, up to 10 years under § 1103
Related criminal trespass counts (§ 3503) Frequently charged alongside burglary from the same entry, though § 3502(d)'s merger principle limits stacking convictions for the same underlying intended crime.	F3 or F2 depending on the entry
Related theft counts (§ 3921) Charged where property was actually taken; § 3502(d) generally prevents separate sentencing on both the burglary and the theft that was its object.	Graded under § 3903 based on value
Escalation to robbery (§ 3701) If the entry involves force, threats, or injury to a person actually present, the case can be charged or amended toward robbery rather than, or in addition to, burglary.	F1, F2, or F3 depending on force or injury
Sentencing exposure summary Actual sentencing also depends on the guidelines, prior record score, and any deadly weapon enhancement if a weapon was involved in the entry.	Up to 20 years (F1) or 10 years (F2) under § 1103

Statutory maximums are ceilings, not expected outcomes. In property-crime cases the number in the affidavit — the alleged value, the alleged prior offenses, the alleged entry — usually decides the grade long before anyone talks about a sentence.

Jurisdiction & court process

Where a burglary matter is heard.

Preliminary hearing at the magisterial district court

Burglary charges start with a preliminary arraignment and preliminary hearing before a magisterial district judge, where the Commonwealth has to show a prima facie case on both the unlawful-entry element and the intent to commit a crime inside. This is an early opportunity to test whether the police report actually supports the grading charged, before the case moves forward.

Common Pleas practice in Dauphin, Cumberland, York, and Adams counties

Because burglary is a felony, it proceeds to the court of common pleas after the preliminary hearing, where I handle these cases in Dauphin, Cumberland, York, and Adams counties, including pretrial motions, negotiations with the district attorney's office, and trial where that's the right path.

How the affidavit's entry allegation drives grading

The criminal complaint and affidavit of probable cause typically describe the structure — whether it's a residence, a business, a garage, or an outbuilding — and whether anyone was inside or expected to be. Those details are the basis for the F1-versus-F2 grading decision, and they deserve close scrutiny rather than being accepted at face value from the initial charging paperwork.

Related counts charged alongside burglary

Burglary is rarely charged alone. Criminal trespass, theft by unlawful taking, criminal mischief, and sometimes robbery or possessing instruments of crime frequently accompany a burglary charge from the same incident, and § 3502(d)'s merger rule can limit which of those convictions can actually stand together at sentencing.

How we handle burglary matters.

Contest the intent-to-commit-a-crime element
Entry alone isn't burglary — the Commonwealth has to prove the person intended to commit a crime inside at the time of entry, and evidence of a different, innocent purpose for being there can defeat that element.
Challenge whether entry was actually unlawful
A license or privilege to enter, or premises that were genuinely open to the public at the time, are complete defenses under § 3502(a)'s own terms, and these facts are worth developing carefully.
Push for the reduced F2 grading
Where the structure wasn't adapted for overnight accommodation and no one was present or likely to be present, the case should be graded as a second-degree felony, not a first — this distinction is worth raising early and affirmatively.
Raise § 3502(d) merger against duplicate counts
Where burglary is charged alongside the exact intended crime that formed the basis for the burglary count, the merger rule limits stacking separate convictions and sentences for both.
Attack identification and the evidence connecting the client to the entry
Burglary cases frequently rely on circumstantial evidence — fingerprints, surveillance footage, or property later found in someone's possession — and each piece of that chain deserves independent scrutiny.
Examine the search and seizure history behind any recovered evidence
Where police recovered evidence during a stop, a home search, or a vehicle search connected to the burglary investigation, whether that search was constitutionally justified is a real and separate issue from the underlying charge.

Where we appear

Theft & property crime defense across Central Pennsylvania.

Attorney Quinlan appears in the magisterial district courts and the Courts of Common Pleas in Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties. Start with your city:

Other theft & property crime guides.

FAQ

Frequently asked questions.

Common questions about burglary in Pennsylvania — procedure, consequences, and the defenses that actually matter.

No. Burglary is complete at the moment of unlawful entry with intent to commit a crime inside, regardless of whether anything was actually taken or the intended crime was completed.
Under § 3502(c), burglary is a first-degree felony in most cases, but it's reduced to a second-degree felony where the building isn't adapted for overnight accommodation and no person is present at the time — typically an unoccupied non-residential structure.
Section 3502(d) generally prevents being convicted of both burglary and the specific crime that was the object of the entry, such as theft, when the burglary charge is based on that same intended offense — though the facts of each case matter.
A license or privilege to enter, or premises genuinely open to the public at the time, are defenses built into § 3502(a) itself — if entry wasn't unlawful, burglary can't be sustained on that entry.
It can still qualify as an occupied structure or building under § 3502, but whether it's adapted for overnight accommodation and whether anyone was present affects the grading between a first- and second-degree felony.
Criminal trespass, theft, criminal mischief, and sometimes robbery or possessing instruments of crime are common companion charges from the same incident, and how they're charged together affects the overall exposure.
It depends on the county, the facts, and the client's prior record — burglary is a felony, so eligibility for ARD or another diversionary program is far from automatic, but it's worth evaluating early rather than assuming it's off the table.
A felony conviction is generally not eligible for expungement in Pennsylvania absent a pardon, which is why resolving the case short of a felony conviction — through negotiation, diversion, or trial — matters for long-term record consequences.

[1]18 Pa.C.S. § 3502 — Burglary — F1 generally; F2 where the building is not adapted for overnight accommodation and no person is present.
[2]18 Pa.C.S. § 3503 — Criminal trespass — F3 for breaking into a structure; F2 where the entry is by breaking in; M3 defiant trespass after notice, escalating to M1 where notice was given by actual communication.
[3]18 Pa.C.S. § 3921 — Theft by unlawful taking or disposition — taking movable property of another with intent to deprive. Graded under § 3903.
[4]18 Pa.C.S. § 3701 — Robbery — F1 for serious bodily injury or the threat of a first- or second-degree felony; F2 for bodily injury inflicted or threatened; F3 for taking property from another by force however slight.
[5]18 Pa.C.S. § 1103 — Sentences for felonies — F1 up to 20 years, F2 up to 10, F3 up to 7.
[6]18 Pa.C.S. § 1104 — Sentences for misdemeanors — M1 up to 5, M2 up to 2, M3 up to 1.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

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