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Burglary

Burglary is a common offense in Pennsylvania which can carry with it very severe consequences to your reputation and potentially to your freedom. Burglary, no matter which subsection of the statute you are charged under, is a Felony offense in Pennsylvania.  Despite how common of a charge it is, it is often misunderstood.

In Pennsylvania the basics of when a Burglary occurs can be described as follows – an individual enters a building without permission to do so by the owner and with the intent to commit a crime. The timing of when the intent to commit a crime occurred may be a defense, the permission to enter may be a defense but there are countless other scenarios/circumstances that may raise a defense for a particular defendant.  The different types of Burglary offenses can be seen in the statute below.

Chester County Criminal Lawyer

Chester County Criminal Defense

It is crucial to have a skilled and experienced criminal defense attorney by your side as you prepare a defense to a pending Burglary charge. While the charge itself may seem simple and straightforward – the defenses, circumstances, and factual scenarios surrounding each Burglary case may drastically change the defense or defenses available to an individual. One must begin preparing a defense and preserving evidence early and with the guidance of a criminal defense lawyer.

If you or a loved one is charged with a Burglary offense call DiCindio Law, LLC to speak to West Chester criminal lawyer, Mike DiCindio and schedule your free consultation today.

Burglary in Pennsylvania is defined as follows:

18 Pa.C.S. § 3502.  Burglary.

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

(1)  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.

(b)  Defense.–It is a defense to prosecution for burglary if any of the following exists at the time of the commission 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.


The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  Please contact DiCindio Law for a consultation and to discuss what law is relevant to your case.

Mike DiCindio is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale as well as in Montgomery County and the surrounding greater Philadelphia area.

Available 24 hours a day
— 7 days a week

Contact Michael Directly -
Call 610.220.4691

Michael D. DiCindio, Esq.
Criminal Defense Attorney

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