The Punishment for Burglary in Pennsylvania
Our criminal defense attorneys look forward to explaining all your rights and options at this time. Burglary is charged as a first degree felony in many cases, if the alleged burglary took place in someone’s residence, or other persons were in present at the time of the alleged incident.
Here are some additional things to keep in mind:
If the building is not a home (adapted for overnight accommodation) AND if no one is present at the time of entry, the Commonwealth classifies it as a second degree felony burglary.
Conviction of Multiple Crimes – Merger
You should also know that the provides: “A person may not be convicted both for burglary and for the offense which it was his intent to commit after the burglarious entry or for an attempt to commit that offense, unless the additional offense constitutes a felony of the first or second degree.”
Thus, generally speaking, if you are also accused of theft during a burglary, the prosecution cannot (and should not) charge you with a theft offense except when it is a serious felony theft charge.