Pennsylvania Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in Pennsylvania: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in Pennsylvania, consult a licensed Pennsylvania criminal defense attorney.

Pennsylvania Burglary Penalties

OffensePenalty
First OffenseFelony 2 (2nd degree): up to 10 years prison
Second OffenseFelony 1 (1st degree): up to 20 years prison

18 Pa. C.S. §3502; 1st degree involves overnight dwelling; mandatory sentencing with priors

Burglary Statute of Limitations in Pennsylvania

In Pennsylvania, the statute of limitations for theft and property crimes is generally 2 years.

See all Pennsylvania statutes of limitations →

Defending Against Burglary Charges in Pennsylvania

Common defenses in Pennsylvania burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Pennsylvania criminal defense attorney for advice.

Related Pennsylvania Laws