Alabama Burglary Charge – Overview
The essence of an Alabama burglary charge is the unlawful entering or the unlawful remaining on property combined with the intent to commit a crime. Burglary charges in Alabama or classified as either first, second, or third degree burglary. Each carries its own specific punishment, and each requires its own specific elements of the crime.
Burglary 1st Degree
Burglary first degree is the most serious Alabama burglary charge. A person commits burglary first-degree if they knowingly and unlawfully enter, or remain unlawfully in a building which is normally used for sleeping, living, our lodging. Burglary first degree is a Class A felony which carries a potential sentence of 10 years to life in prison.
Burglary 2nd degree
A person may receive an Alabama burglary charge of burglary second degree if they knowingly enter or remain unlawfully in a building with the intent to commit theft or a felony in the building, if any of the following circumstances are present while they are in the building or engaged in the immediate flight from the building:
- they are armed with explosives
- they cause physical injury to any person who is not a participant in the crime
- they are armed with a deadly weapon or dangerous instrument, or threaten the use of a deadly weapon or dangerous instrument
Burglary second degree may also be committed if a person unlawfully enters a lawfully occupied structure which is normally used for sleeping, living, or lodging. Burglary second degree is a Class B felony, which is punishable with a prison sentence or 2 to 20 years.
Burglary 3rd Degree
A person commits the crime of burglary third-degree and Alabama when they knowingly enter or remain unlawfully in a building with the intent to commit any crime while they are in the building. Burglary third-degree in Alabama is a Class C felony, which is punishable by prison term from one year and one day to 10 years.
Bradford Ladner, LLP. is a Birmingham Alabama law firm with over 30 years of experience handling state and federal criminal trials and appeals statewide.
