Is Burglary a Felony? Degrees, Dwelling vs Structure, and Penalties by State (2026)

Yes — burglary is a felony in every U.S. jurisdiction (all 50 states and the District of Columbia). There is no state in which a completed burglary — unlawful entry into a building or structure with intent to commit a crime inside — is treated as a mere misdemeanor or infraction. What changes from state to state is not whether burglary is a felony, but how serious a felony: a low-level, unoccupied, non-residential burglary may carry as little as 1–5 years (and a handful of states reduce the lowest-value, lowest-intent non-residential entries to a misdemeanor shoplifting-style offense), while an armed burglary of an occupied dwelling at night can carry 20 years, life, or even life without parole.

The reason burglary is a felony at any value is that the offense is the unlawful entry with criminal intent, not the theft or crime that follows. A burglar who enters a garage intending to steal tools has committed the felony the moment they cross the threshold with that intent — whether the tools turn out to be worth $5 or $50,000, or whether the burglar is scared off and takes nothing. This is the core distinction between burglary and theft: theft is graded by the value of what is taken; burglary is graded by where you entered and what you intended, not by what you got away with.

Burglary is also one of the most heavily enhanced felonies on the books. Because it combines unlawful entry with criminal intent and frequently involves a weapon, an occupied home, or an assault, almost every state classifies aggravated/armed/dwelling burglary as a crime of violence, a forcible felony, or a strike offense — which means longer sentences, less parole, three-strikes eligibility, loss of gun rights, and immigration consequences. If you are charged with burglary, you are facing a felony that can follow you for the rest of your life. Get a lawyer immediately.

Burglary has three core elements that are essentially universal across U.S. jurisdictions:

1. Unlawful entry (or unlawful remaining). The defendant enters — or, in modern statutes, remains inside — a building or structure without a license or privilege to do so. 'Breaking' is no longer required in most states; walking through an unlocked door or open window is enough. Staying inside after your right to be there ends (for example, hiding in a store after closing) also qualifies as 'remaining unlawfully.'

2. Into a building, structure, or (in many states) a vehicle. Common-law burglary covered only the dwelling of another at night. Modern statutes have expanded the covered targets dramatically. Every state covers dwellings and other buildings; most also cover 'structures' broadly (sheds, garages, fenced yards, commercial buildings, boats, railroad cars, aircraft). Many states — including Alabama, Florida, Georgia, Indiana, Mississippi, Texas (vehicle/coin machine), and Wyoming — expressly include vehicles or conveyances within burglary, while others (Alaska, Hawaii, Oregon, Utah) treat vehicle entry as a separate theft offense.

3. With intent to commit a crime inside. At the time of entry (or remaining), the defendant must intend to commit a crime inside the building. The intended crime is most often theft, but in most states any crime qualifies — assault, vandalism, arson, sexual assault, drug offenses, or any felony. A minority of states limit the intended crime to theft or a felony. The intent must exist at the time of entry; forming the intent to steal after you lawfully entered (for example, deciding to steal while shopping) is not burglary (it is theft or shoplifting).

Common-law burglary required (a) a breaking, (b) and entering, (c) the dwelling, (d) of another, (e) at night, (f) with intent to commit a felony inside. Modern statutes have dropped most of these limits. The Model Penal Code and the majority of states have eliminated the night-time requirement (theft from a building at noon is still burglary), the breaking requirement (open doors count), and the dwelling-only requirement (commercial buildings, sheds, and vehicles count in many states). Many states have also expanded 'intent to commit a felony' to 'intent to commit any crime.'

The single most important practical point: burglary has no dollar threshold. The offense is complete at the moment of unlawful entry with criminal intent. Nothing need be taken. Nothing need be damaged. The value of what was taken (if anything) is irrelevant to whether burglary was committed — though it can affect grading in the few states with misdemeanor exceptions for low-value non-residential entries.

Burglary, theft, and criminal trespass are related but distinct offenses, and understanding the difference explains why burglary is a felony even when nothing is taken.

Theft (larceny) is the unlawful taking and carrying away of someone else's property with intent to permanently deprive them of it. Theft is almost always graded by the value of what is taken: petit theft (under a threshold, often $500–$1,000) is a misdemeanor; grand theft (above the threshold) is a felony. If you walk out of a store with a $30 item you did not pay for, that is petit theft — a misdemeanor.

Criminal trespass is entering or remaining on property without permission, but without intent to commit a crime inside. Trespass is typically a misdemeanor or infraction. Walking across a fenced lot to cut through is trespass. The key is that the trespasser has no criminal intent beyond the unauthorized presence.

Burglary is the combination of the two: unlawful entry (like trespass) AND intent to commit a crime inside (the criminal intent of theft or another offense). Add criminal intent to a trespass and the offense is no longer a misdemeanor trespass — it is a felony burglary. This is why a burglar who enters a garage meaning to steal, but takes nothing because they are scared off, has still committed a felony: the trespass was present AND the criminal intent was present at the moment of entry.

The reverse matters too: a person who enters a store during business hours (a lawful entry) and then decides to steal something has committed theft (misdemeanor or felony based on value), not burglary — because the entry was lawful. Burglary requires that the entry itself be unlawful or that the defendant's privilege to be inside has ended (as in hiding in a store until after closing). This is why shoplifting during business hours is generally theft, not burglary, and why a few states (notably California under Prop 47) reclassified low-value, business-hours commercial thefts as misdemeanor 'shoplifting' rather than felony burglary.

The boundary cases that matter in practice: - Entering an open store during business hours with intent to steal ≤ $950 (California): misdemeanor shoplifting, not felony burglary (Prop 47, § 459.5). - Entering an open store during business hours with intent to steal $1,000+ (California): felony second-degree burglary. - Entering a closed store (after hours) with intent to steal anything: felony burglary, regardless of value, in every state. - Walking into a home uninvited with intent to commit any crime inside: felony burglary in every state, with no value exception.

Most states grade burglary by degree (1st/2nd/3rd) or by the type of target (dwelling/structure/vehicle). The grading turns on four factors that appear, with variations, across the country:

Dwelling vs Structure vs Vehicle. Burglary of a dwelling (a residence — house, apartment, hotel room, even a tent or RV used as a sleeping place in some states) is the most serious form and is almost always a 1st or 2nd degree felony. Burglary of a non-residential structure (a commercial building, store, office, shed, garage) is typically a lower degree. Burglary of a vehicle or coin-operated machine is the lowest form in states that cover it, often a 3rd-degree or state-jail felony, but still a felony in the large majority of states.

Occupied vs Unoccupied. Entering an occupied structure — especially a dwelling with a person present — elevates the degree in most states. Florida makes any burglary of a structure with a person present a 1st-degree felony (life). New York makes a dwelling burglary with a person present 2nd-degree (Class C). South Carolina's 1st-degree residential burglary (15 to life) requires an occupied dwelling. The presence of an occupant transforms a property crime into a crime that risks confrontation, and the law responds with longer sentences.

Day vs Night. The common-law night-time requirement has been abolished in most states for grading, but a handful still treat dwelling burglary at night as a higher degree. Connecticut's 1st-degree burglary includes a dwelling entered at night. DC's 1st-degree burglary includes a dwelling entered at night. Oklahoma's 1st-degree burglary is a dwelling broken into at night. In these states, a daytime dwelling burglary is a lower degree.

Weapon and Injury. Using, carrying, or becoming armed with a deadly weapon or explosive during a burglary elevates the offense to aggravated/armed burglary in essentially every state — usually a Class A or 1st-degree felony with 10 years to life. Causing physical injury to an occupant does the same. Where both are present (armed + injury + occupied dwelling), the offense is at the top of the sentencing range and often carries life without parole or a lengthy mandatory minimum.

The patterns by state: - Three-degree states (Alabama, Arizona, Connecticut, Iowa, Kentucky, Minnesota, New York, North Carolina, South Carolina, South Dakota, Tennessee): 1st = armed/dwelling/occupied/injury; 2nd = dwelling or occupied; 3rd = non-dwelling. - Dwelling/structure/vehicle states (Arkansas, Florida, Georgia, Michigan as 'home invasion,' Mississippi, Texas): grading keyed to the type of target. - Single-statute-with-enhancements states (Idaho, Indiana, Wisconsin, New Hampshire, Vermont): one burglary statute with penalty enhancements for weapon/dwelling/injury. - Severity-level or class-letter states (Kansas, Ohio, Oregon, Pennsylvania, Utah): grading expressed in felony classes or severity levels.

In every state, the lowest-degree burglary is still a felony — except in the handful of states with misdemeanor exceptions for the very lowest-value, lowest-intent entries (covered in the comparison table).

The most serious burglary offenses carry the longest sentences on the books. States use several names for these top-tier offenses — aggravated burglary, armed burglary, first-degree burglary, home invasion, and especially aggravated burglary — but they share common features:

A deadly weapon or explosive. Carrying, using, or becoming armed with a firearm, knife, explosive, or other deadly weapon during a burglary elevates the offense to aggravated or armed burglary in every state. Examples: Arizona 1st-degree burglary (Class 2 felony, up to 21 years as a dangerous offense); Ohio aggravated burglary (1st-degree felony, 3–11 years); Utah aggravated burglary (1st-degree felony, 5 to life); Washington 1st-degree burglary (Class A felony, up to life); Wisconsin armed burglary (Class C felony, up to 40 years).

Injury or assault of an occupant. Causing bodily injury, or even making an assault or threat against an occupant, elevates burglary to the highest degree in most states. Alabama 1st-degree burglary requires injury or threat. Florida's 1st-degree felony is triggered by any assault or battery during a burglary. Tennessee's especially aggravated burglary (Class B, 8–30 years) requires injury or weapon use in an inhabited habitation. South Carolina's 1st-degree burglary (15 to life) can be based on injury to an occupant.

Occupied dwelling at night. In states that retain a night-time element (Connecticut, DC, Oklahoma), entering an occupied dwelling at night with criminal intent is itself the top-degree burglary, even without a weapon. The combination of dwelling + night + occupant is treated as the most dangerous burglary scenario because it most often leads to violent confrontation.

The sentences: - 10–20 years: Class A or 1st-degree aggravated burglary in many states (Alaska 20, Alabama 10–99, Kentucky 10–20, NY 1–25). - 20 years to life: armed/dwelling burglary in Florida (life), South Carolina 1st-degree (15 to life), Washington 1st-degree (life), Utah aggravated (5 to life), Ohio aggravated (3–11). - Life without parole: home invasion statutes in some states (Michigan home invasion 1st, Tennessee especially aggravated, South Carolina 1st-degree under 85% rule). - Mandatory minimums and firearm enhancements: Nevada adds 2–15 years consecutive for firearm use; New York adds a 5-year minimum for firearm; Illinois Class X (6–30) for armed residential burglary; California's '10-20-life' 'use a gun and you're done' enhancement adds consecutive years for firearm use during burglary.

Home invasion specifically. Some states (Michigan, Illinois, Indiana, others) have a distinct 'home invasion' statute that is essentially 1st-degree burglary of an occupied dwelling. These statutes were enacted in the 1990s and 2000s to specifically target the scenario of an intruder entering an occupied home and typically carry 10–20 years or more, often with mandatory minimums.

Practical consequence: aggravated/armed/dwelling burglary is almost universally a 'forcible felony' or 'crime of violence,' which means (1) the defendant can be sentenced as a habitual offender, (2) the defendant must serve a higher percentage of the sentence before parole, (3) the conviction counts as a 'strike' under three-strikes laws, and (4) in many states the defendant can be charged with felony murder if anyone dies during the burglary (including an accomplice killed by a police officer or homeowner).

Federal burglary law is narrower than state burglary law because the federal government does not have general criminal jurisdiction over ordinary burglaries — those are state offenses. Federal burglary statutes cover two specific situations:

18 U.S.C. § 2111 — Burglary in the special maritime and territorial jurisdiction. This statute criminalizes burglary committed within the special maritime and territorial jurisdiction of the United States (for example, on a federal enclave, military base, national park, or within U.S. territorial waters). The elements are similar to state burglary: entering or remaining unlawfully in a building or structure with intent to commit a felony or theft. Penalty: up to 20 years imprisonment, a fine, or both. If a firearm is used, the punishment is enhanced under 18 U.S.C. § 924(c).

18 U.S.C. § 2113 — Bank burglary. This statute covers burglary of a bank, savings and loan, credit union, or any institution insured by the FDIC, NCUA, or other federal insurance. Subsection (a) covers bank burglary (entering with intent to commit a felony) — up to 20 years. Subsection (b) covers bank larceny (taking property) — up to 10 years. Subsection (d) covers bank burglary with a dangerous weapon or device — up to 25 years. Subsection (e) covers bank burglary where a person is killed — life imprisonment, or death if the killing is by firearm and the defendant is eligible for the death penalty under federal capital procedures.

Why federal burglary matters even if your burglary is a state offense:

Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). A defendant convicted of being a felon in possession of a firearm (18 U.S.C. § 922(g)) who has three prior 'violent felony' or 'serious drug offense' convictions faces a mandatory minimum 15-year federal sentence (up to life). Burglary of a dwelling is a 'violent felony' under the ACCA's 'enumerated offenses' clause (Taylor v. United States, 475 U.S. 502 (1986), held that burglary of a dwelling is a violent felony for ACCA purposes). Burglary of a non-dwelling building may or may not qualify depending on whether the statute has an element of force or threat of force (Descamps/Begay/Johnson line of cases). A prior residential burglary conviction is one of the most common predicates that triggers the ACCA's 15-year mandatory minimum.

Sentencing Guidelines. Under the U.S. Sentencing Guidelines, a prior conviction for burglary of a dwelling is treated as a 'crime of violence' that increases the offense level for any subsequent federal offense. Residential burglary is also a 'felony' for purposes of the felon-in-possession enhancement.

Federal firearms disabilities. Under 18 U.S.C. § 922(g)(1), any person convicted of a felony (state or federal) that has as an element the use or attempted use or threatened use of physical force, or that is burglary of a dwelling, loses the right to possess firearms for life. Most state residential burglary statutes qualify.

Federal restitution. Federal burglary convictions under § 2113 require restitution to the victim bank under the Mandatory Victims Restitution Act (18 U.S.C. § 3663A).

A burglary conviction — especially of a dwelling — carries consequences far beyond the prison sentence. These collateral consequences are among the most severe in the criminal system and last for life.

Crime of violence / forcible felony. Burglary of a dwelling is classified as a crime of violence or forcible felony in essentially every U.S. jurisdiction. This classification matters because it (a) eliminates or restricts parole/earned-time credits (defendants must serve a higher percentage of the sentence, often 85% in states like South Carolina, Florida, and Tennessee), (b) makes the offense eligible for habitual-offender enhancements, (c) makes the offense a 'strike' under three-strikes laws, and (d) makes the offense a predicate for felony-murder liability (a death during the burglary, including an accomplice's death, can be charged as murder).

Three-strikes laws. In California, residential/first-degree burglary is a 'serious felony' (PC 1192.7(c)(17)) and a 'violent felony' (PC 667.5(c)(21)) — a 'strike' under the Three Strikes law, doubling a second felony sentence and producing 25-to-life on a third. In Washington, first-degree burglary is a 'most serious offense' and a 'strike' under the Persistent Offender Act (life on third). In Florida, armed burglary and dwelling burglary with a person present are 'forcible felonies' that count toward the PRR and habitual-offender enhancements. In Texas, a prior burglary of a habitation can be used to enhance a subsequent felony to a higher degree under TX Penal Code § 12.42.

Gun rights. Under federal law (18 U.S.C. § 922(g)(1)), any person convicted of a felony punishable by more than a year loses the right to possess firearms. For burglary, this means any felony burglary conviction (which is virtually all burglary) triggers the federal firearms disability. The disability is lifetime unless the person obtains a state pardon, expungement, or restoration of rights that the federal government recognizes. Many states also impose their own firearms disability.

Immigration consequences. Burglary of a dwelling is generally an 'aggravated felony' under the Immigration and Nationality Act (8 U.S.C. § 1101(a)(43)), which means a non-citizen convicted of it is deportable, ineligible for most forms of relief (including cancellation of removal and asylum), and barred from reentry for many years. Burglary is also a 'crime involving moral turpitude' (CIMT) under INA § 212(a)(2)(A)(i)(I), independently triggering deportability and inadmissibility. The exact immigration consequence depends on the state statute's elements — the immigration analysis looks at whether the statute of conviction necessarily involves moral turpitude or fits within the aggravated-felony definition. A non-citizen facing burglary charges should consult an immigration attorney before any plea.

Felony murder. In many states, a death that occurs during the commission of a burglary (including the death of an accomplice, a homeowner, or a police officer) can be charged as felony murder against the burglar — even if the death was accidental or caused by someone else. This is one of the most serious consequences of burglary: a burglary that goes wrong and results in a death can produce a murder charge and a life sentence or even the death penalty in some states.

Sex offender registration. In some states, if the burglary was committed with intent to commit a sexual offense (for example, entering a dwelling with intent to sexually assault the occupant), the conviction can trigger sex-offender registration requirements. This is fact-dependent and depends on charging.

Restitution. Restitution to the victim for any property taken or damage done is mandatory in most jurisdictions, on top of prison time. Unpaid restitution can follow a defendant through parole, probation, and civil judgment for years.

Professional and civil consequences. A burglary felony can disqualify a person from many professional licenses (nursing, real estate, security, education), from public housing (HUD allows denial for drug-related and violent criminal history), from public benefits in some states, and from serving as a fiduciary. A felony burglary conviction is also a permanent public record visible on background checks.

If you or someone you know is facing burglary charges, the most important thing to understand is that burglary is a felony in every state, the sentences can be very long (years to life for aggravated or dwelling burglary), and the collateral consequences last a lifetime. The following is general information, not legal advice — you must consult a criminal defense attorney licensed in your state.

Do not talk to the police without a lawyer. Anything you say can and will be used against you. You have the right to remain silent and the right to an attorney — invoke both clearly and stop answering questions. Do not try to 'explain your side' to the police; that is almost always a mistake. Ask for a lawyer and stop talking.

Contact a criminal defense attorney immediately. Burglary is a felony, and the grading depends heavily on the charging decision — whether the prosecutor charges 1st-degree dwelling burglary (long sentence) or 3rd-degree non-dwelling burglary (much shorter sentence) can turn on facts your lawyer can challenge. A lawyer can also raise defenses you may not know about (mistaken identity, lack of intent, consent to enter, mistaken belief of authority, alibi, illegal search). If you cannot afford a lawyer, request a public defender at your first appearance.

Do not discuss the case with anyone but your lawyer. This includes cellmates, family in the visiting room, and anyone on recorded jail phone calls. All jail calls are recorded and can be used against you. Discuss the case only with your attorney, in person if possible.

Document and preserve evidence. If you have an alibi, write down where you were, who was with you, and any corroborating evidence (receipts, video, phone location data, witnesses). Give this information only to your lawyer. Do not contact the alleged victim or witnesses yourself — that can result in witness-tampering charges.

Consider whether the intent element can be challenged. Burglary requires that you intended to commit a crime inside at the time of entry. If the entry was lawful (you were invited in, the building was open to the public) and you only later decided to take something, that is theft, not burglary. If you entered without permission but had no intent to commit a crime inside (you were just cutting through, or you were drunk and confused), that is criminal trespass, not burglary — a misdemeanor rather than a felony. Whether intent can be challenged depends on the facts and your state's law, and only your lawyer can advise you.

Be aware of plea options. In some cases, a prosecutor may agree to reduce a burglary charge to criminal trespass (misdemeanor) or theft (misdemeanor or lower felony) if the intent element is weak or the value is low. In states with misdemeanor exceptions (California Prop 47, Rhode Island, Virginia, Minnesota 4th-degree, South Dakota 4th-degree, Maryland 4th-degree), a lawyer may be able to get the charge reduced to a misdemeanor. Do not accept any plea without fully understanding the immigration and gun-rights consequences — a 'good' plea for a citizen may be disastrous for a non-citizen.

If a weapon was involved or anyone was injured, the stakes are much higher. Armed burglary, aggravated burglary, and especially aggravated burglary carry the longest sentences (often 10 years to life) and the strongest collateral consequences. In these cases, having an experienced felony defense attorney is critical — the difference between 1st-degree and 2nd-degree charging can be years or decades of prison time.

Restitution and victims. If property was taken or damage was done, restitution will likely be ordered. In some cases, your lawyer can negotiate restitution as part of a plea that reduces the felony to a misdemeanor or lowers the degree. Paying restitution early can sometimes help at sentencing.

Diversion and first-offender programs. Some states offer pretrial diversion, deferred adjudication, or first-offender programs for non-violent first felony offenders that can keep a conviction off your record. Whether burglary qualifies depends on the state, the degree charged, and the prosecutor — a lawyer can advise. These programs are generally not available for armed or dwelling burglary.

Disclaimer: This page is informational only and is not legal advice. Burglary law is complex, fact-specific, and varies significantly by state. If you are facing burglary charges, contact a criminal defense attorney licensed in your state immediately. Do not rely on this summary for any legal decision.