Burglary charges
A burglary charge means the prosecution says you entered, or stayed in, a building or other place without permission, intending to commit a crime there. Nothing has to be taken for the charge to be filed. What kind of place it was, whether anyone was inside, and whether a weapon is alleged usually decide how serious it is.
What the charge means
Burglary is about entry plus intent. The prosecution has to show you entered or remained somewhere you were not allowed to be, and that you meant to commit a crime there. Two common disputes are whether you had permission and what you intended when you went in.
Court by court
New York
Burglary in the third degree is knowingly entering or remaining unlawfully in a building with intent to commit a crime there; it is a class D felony [1]. Higher degrees apply in situations such as a dwelling, a weapon or an injury.
New Jersey
The burglary section covers entering or secretly remaining in a structure other than a residential dwelling, or a research facility, with purpose to commit an offense there, without license or privilege. It is a crime of the third degree, or of the second degree if the person inflicts, attempts or threatens bodily injury, or is armed with or displays what appear to be explosives or a deadly weapon [2]. A home is covered by a separate section: residential burglary is entering, or secretly remaining in, a residential dwelling or accommodation with purpose to commit an offense there, without license or privilege, and it is a crime of the second degree [3].
Florida
Burglary includes entering a dwelling, structure or conveyance (such as a vehicle) with intent to commit an offense there, unless it is open to the public or you were invited. The degree depends on the place and the circumstances; it is a felony of the third degree for an empty structure or conveyance with no assault, battery or weapon [4].
Pennsylvania
Burglary is entering a building or occupied structure with intent to commit a crime there. It is a felony of the first degree, except that entering a place not adapted for overnight stays when no one is present is generally a felony of the second degree [5].
What to do now
- Do not explain to the police why you were there. Ask for a lawyer.
- Do not consent to searches of your phone, car or home.
- Gather for your lawyer anything that shows permission: texts, keys, a lease, a work order.
- Do not contact the property owner or the complaining witness, and do not post about the case.
For the steps ahead in your court, use What happens next or the court pages for New York, New Jersey, Florida and Pennsylvania.
Common questions
I had permission to be there. Should I tell the police?
Tell your lawyer, not the police. Permission is often the heart of a burglary case, and your lawyer decides how to prove it.
The police want my phone. Do I have to give it?
Do not unlock or hand over your phone, or consent to a search, without speaking to a lawyer. Say you do not consent and ask for a lawyer.
Sources
- N.Y. Penal Law § 140.20 (rev. 2014-09-22). Current as of November 11, 2026. Official text
- N.J.S.A. 2C:18-2. Current as of November 12, 2026. Official text
- N.J.S.A. 2C:18-2.2 (L.2024, c.83, s.2). Current as of November 12, 2026. Official text
- Fla. Stat. § 810.02(1)(b), (4) (2026). Current as of November 12, 2026. Official text
- 18 Pa.C.S. § 3502(a), (c). Current as of November 12, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.