Burglary Attorney Harrisburg PA

Quinlan Law Group: Burglary Attorney Harrisburg PA.
A burglary is when a person enters a building with the intent to commit a crime, unless the premises are open to the public at the time of entry.  Most burglaries are when someone breaks into a building with the intent to steal something inside. However, if a person enters any building for the purpose of committing any crime, even if the crime never takes place, a burglary can be charged.

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Burglary Attorney Harrisburg PA – DUI Lawyer

18 Pa.C.S.A. §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.

(c)  Grading.–

(1)  Except as provided in paragraph (2), burglary is a felony of the first degree.

(2)  As follows:

(i)  Except under subparagraph (ii), an offense under subsection (a)(4) is a felony of the second degree.

(ii)  If the actor’s intent upon entering the building, structure or portion under subparagraph (i) is to commit theft of a controlled substance or designer drug as those terms are defined in section 2 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, burglary is a felony of the first degree.

(d)  Multiple convictions.–A person may not be sentenced 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.

Burglary Attorney Harrisburg PA – DUI Lawyer