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Burglary In Alabama: The Basics


When someone is arrested on a burglary charge in Alabama, it is essential to remember that it is a charge, not a conviction. You are entitled to a criminal defense lawyer to fight for your rights when you are accused of a crime. However, the penalties can be severe if you are convicted of burglary in Alabama.

A home invasion in Alabama can be charged as burglary or criminal trespass. The difference between the two is that criminal trespass is when someone illegally enters or remains in a building or on the premises without having permission. A burglary is a criminal trespass with the intent to commit a crime.

Hiring a criminal defense attorney to defend you and protect your rights and freedom is critical if you are facing burglary charges. This article will go over the basic definition of burglary and burglary laws in Alabama and its consequences if you are convicted.

How Burglary In Alabama Is Defined

In Alabama, burglary is defined by different degrees. Alabama Code Section 13A illustrates the three degrees of burglary as follows:

  • Burglary in the third degree. When someone is accused of entering or remaining in a building or dwelling intending to commit a crime, the charge is burglary in the third degree.
  • Burglary in the second degree. When someone is accused of entering or remaining in a building or dwelling intending to commit a crime and is armed with an explosive, armed deadly weapon or causes injury to another person, they are charged with burglary in the second degree.
  • Burglary in the first degree. Third-degree burglary is the most severe remaining in a building or dwelling with the intent to commit a crime. It is armed with explosives, a deadly weapon, or causing physical injury to another person.

For someone to be convicted of burglary in Alabama, the prosecutor must prove that they entered or remained in a building or dwelling illegally and that the individual intended to commit a crime. It is crucial to remember that the prosecution only needs to prove intent to commit a crime and not that the individual achieved a crime to convict them of burglary.

Penalties For Burglary In Alabama

Being convicted of burglary in Alabama can have severe penalties. 

  • Burglary in the third degree. The penalty for a third-degree burglary which is a class C felony carries a sentence of no less than one year and no more than ten years in jail and a fine of up to $15,000.
  • Burglary in the second degree. When someone commits burglary in the second degree, it is a class B felony, and if convicted, the individual faces between two and twenty years in jail and paying a fine up to $30,000.
  • Burglary in the first degree. When someone is convicted of burglary in the first degree, a class A felony, the penalty is a minimum of 10 years to life in prison and pay up to a $60,000 fine.

Another factor to consider is that even without the jail time or the fine you may need to pay, burglary in Alabama is a criminal conviction and can significantly impact your life. In Alabama, a criminal felony conviction for burglary will stay on your permanent record and could be available for future employees, landlords, and others to see, which may limit your opportunities and make it more challenging for you in the future.

Possible Defenses For Burglary In Alabama

Hiring an experienced and skilled criminal defense attorney is essential if you face burglary charges in Alabama. Some of the most common defenses to burglary charges include:

  • Consent to enter the property, meaning that you didn’t enter or remain on the property illegally
  • Entrapment
  • Lack of intent to commit a crime
  • Proving innocence and gathering evidence, and refuting proof that the prosecution brings against you

A criminal defense attorney can do many things to help you including filing a motion to have specific evidence suppressed or withheld from the court and ensure that your rights and freedoms are protected. Another alternative is negotiating with the prosecution to secure a plea bargain if a jury verdict of innocence feels unattainable.

Brackin Law Will Fight For Your Rights And Your Freedom

If you are facing criminal charges, you need a criminal defense attorney with experience and who understands what you are going through.

At Brackin Law, we are here to help you! We know the criminal justice process, and our extensive experience ensures you will receive the best representation possible and are here to fight for your freedom and future. Contact us for a consultation, and we will start defending you today!

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