Legal Question in Criminal Law in Pennsylvania

Re: Burglary Charge

While you might be able to beat a burglary charge if no crime was intended therein, you would still be guilty of criminal tresspass, so that is not always the best defense. Good luck. Feel free to email or call: [email protected] or 215.825.5183. Brian

Re: Burglary Charge

I suppose it's possible but as the other answer indicates it would still be criminal trespass and if you broke into the structure it would be a felony of the second degree if you simply hid in a store or gained entry by trickery it would be a felony of the third degree. It may be possible to plead it down to simple or defiant trespass but that is highly dependent on the circumstances.

18 Pa.C.S. � 3502 (2006)

� 3502. Burglary

(a) OFFENSE DEFINED. --A person is guilty of burglary if he enters a building or occupied structure, or separately secured or occupied portion thereof, with intent to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter.

(b) DEFENSE. --It is a defense to prosecution for burglary that the building or structure was abandoned.

(c) GRADING.--

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

first degree.

(2) If the building, structure or portion entered is not adapted for

overnight accommodation and if no individual is present at the time of

entry, burglary is a felony of the second degree.

(d) MULTIPLE CONVICTIONS. --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.