Is burglary a felony?

Burglary is entering a building without permission with the intent to commit a crime inside, usually theft or a felony. In states such as New York, Texas and Pennsylvania, the person does not have to take or break anything.^1,2,3

New York's burglary law covers knowingly entering or remaining unlawfully in a building with intent to commit a crime. Texas covers entering a habitation, or a building not open to the public, with intent to commit a felony, theft or assault, and also covers entering and then committing or attempting a felony, theft or assault. Pennsylvania requires intent to commit a crime inside.

Whether "breaking and entering" is a felony depends on the state and on the intent. North Carolina makes wrongful breaking or entering a Class 1 misdemeanor, and breaking or entering with intent to commit a felony or larceny a Class H felony.^4,5,6

California and Florida define burglary as entering, with intent to commit a crime, and do not require breaking in. Florida also covers staying inside, with intent to commit an offense, after permission to remain is withdrawn, and California's law covers entering listed buildings and locked vehicles with intent to commit larceny or any felony.

Trespass is entering or staying on property without permission, with no intent to commit a crime inside. Burglary adds that intent. Trespass is usually a misdemeanor or a lesser offense.^2,7,8,9

New York calls plain trespass a violation, which is below a misdemeanor. Texas makes criminal trespass a Class B misdemeanor in most cases. North Carolina's first degree trespass is generally a Class 2 misdemeanor, and Virginia's trespass after being forbidden is a Class 1 misdemeanor. Some trespass laws have felony versions, such as entering with a weapon in Florida or entering a building in Pennsylvania.

Burglary is rarely a misdemeanor, but there are exceptions. California treats entering an open store to steal $950 or less as shoplifting instead of burglary, and shoplifting is usually a misdemeanor. Entering without intent to commit a crime is trespass.^4,10,11,12

Shoplifting can be punished by a felony jail sentence for people with certain serious prior convictions or, since Dec. 18, 2024, two or more earlier theft-related convictions. California's second-degree burglary is punishable by up to one year in county jail or by a felony jail sentence, so it can be charged either way. North Carolina's wrongful breaking or entering of a building, with no intent to commit a felony or larceny, is a Class 1 misdemeanor.

In the states checked below, burglary is a felony. California is the one exception that can go either way, for second-degree burglary. Even burglary of an empty building is a felony in Texas, Florida, Pennsylvania and North Carolina.^2,3,4,6,11

Texas generally makes burglary of a non-residential building a state jail felony. Florida makes it a third-degree felony when the structure is empty and the person is unarmed. Pennsylvania makes it a second-degree felony if the building is not adapted for overnight stays and no one is present. North Carolina makes it a Class H felony when the person breaks or enters a building with intent to commit a felony or larceny.

Entering a home is graded higher than entering other buildings. In Texas, burglary of a habitation is a second-degree felony, against a state jail felony for other buildings. In New York, a dwelling makes it a class C felony instead of class D.^1,2,6,13,14

California calls burglary of an inhabited dwelling first-degree burglary and all other burglary second-degree. Florida makes burglary of a dwelling a second-degree felony, against third-degree for an empty structure.

Carrying a weapon, hurting someone or committing a further felony raises the grade. In Florida, being armed or making an assault or battery makes burglary a first-degree felony. In New York, burglary of a dwelling with a weapon or an injury is a class B felony.^2,6,15,16,17

Texas makes burglary of a habitation a first-degree felony if anyone involved entered with intent to commit, or committed or attempted, a felony other than felony theft. Virginia raises burglary from a Class 3 felony to a Class 2 felony if the person was armed with a deadly weapon. North Carolina adds one class to the sentence if the person had a firearm.

Whether someone is inside, and whether the place is a home, can raise the grade. North Carolina's first-degree burglary requires that someone be in the home. In Pennsylvania, burglary is a first-degree felony except for an empty building not adapted for overnight stays.^3,17,18,19

In North Carolina, burglary of an occupied dwelling or sleeping room is first degree, a Class D felony, and burglary of an unoccupied one is second degree, a Class G felony. In Pennsylvania, the lower second-degree grade applies only to a building not adapted for overnight stays with no one present. In Ohio, trespassing in an occupied structure with another person present, with purpose to commit an offense, is a second-degree felony.

Texas

Texas: burglary of a building other than a home is usually a state jail felony. Burglary of a habitation is a second-degree felony, and a first-degree felony if a felony other than felony theft is intended or committed.²

Burglary of a commercial building where controlled substances are generally stored, with intent to steal them, is a third-degree felony. Plain criminal trespass is generally a Class B misdemeanor, and a Class A misdemeanor in a home or if the person carries a deadly weapon.

Florida

Florida: burglary is a third-degree felony for an empty structure, a second-degree felony for a dwelling or an occupied structure, and a first-degree felony if the person is armed or commits an assault or battery.^6,20

Trespass in a structure is a second-degree misdemeanor, a first-degree misdemeanor if a person is inside, and a third-degree felony if the person is armed.

California

California: burglary of an inhabited home is first-degree burglary, punished in state prison. Any other burglary is second-degree and can be charged as a misdemeanor or a felony. Entering an open store to steal $950 or less is shoplifting, which is usually a misdemeanor.^{5,10,11,12,14,21}

Second-degree burglary is punishable by up to one year in county jail or by a felony jail sentence under Penal Code section 1170(h). Shoplifting can be punished by a felony jail sentence for people with certain prior convictions, including two or more earlier theft-related convictions under section 666.1. Trespass under section 602 is a misdemeanor.

New York

New York: burglary is a class D felony in the third degree (any building), a class C felony in the second degree (a dwelling, or a weapon or injury), and a class B felony in the first degree (a dwelling with a weapon or injury).^1,13,15,22

Criminal trespass in the third degree, entering a fenced or enclosed building or property, is a class B misdemeanor.

Pennsylvania

Pennsylvania: burglary is a first-degree felony. It is a second-degree felony for a building not adapted for overnight stays when no one is present, unless the person intended to steal controlled substances.^3,23

Pennsylvania's criminal trespass is also a felony when a person enters a building without license: a third-degree felony for entering and a second-degree felony for breaking in.

Ohio

Ohio: burglary is a second-degree felony when another person is present in an occupied structure, or when a home is involved and someone is present or likely to be. Other burglary of an occupied structure is a third-degree felony.^19,24

Trespass in a habitation when a person is present or likely to be present is a fourth-degree felony. Ordinary criminal trespass is a fourth-degree misdemeanor.

Virginia

Virginia: breaking and entering a home at night to commit a felony or larceny is a Class 3 felony, and a Class 2 felony if armed. Entering a dwelling or other building with intent to commit larceny is also a felony.^16,25,26,27

Entering with intent to commit murder, rape, robbery or arson is a Class 3 felony. Entering with intent to commit larceny or another felony is punishable by 1 to 20 years in a state correctional facility, or, at the discretion of the jury or court, by up to 12 months in jail, a fine of up to $2,500, or both. Trespass after being forbidden is a Class 1 misdemeanor.

North Carolina

North Carolina: first-degree burglary is a Class D felony and second-degree burglary a Class G felony. Breaking or entering a building with intent to commit a felony or larceny is a Class H felony. Wrongful breaking or entering is a Class 1 misdemeanor.^4,17,18,28

Since Dec. 1, 2025, having a firearm during a burglary or a breaking or entering raises the sentence by one class level. The burglary definitions were rewritten by the same 2025 law, effective that date, and do not mention the time of day.