PL 140.30 · Article 140

Burglary in the First Degree

The most serious burglary charge involves causing serious physical injury to a non-participant, or displaying a deadly weapon or explosive while entering or remaining in a dwelling.

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What the prosecutor must prove

  • You entered or remained unlawfully in a dwelling.
  • You intended to commit a crime inside.
  • A non-participant suffered serious physical injury, or a deadly weapon or explosive was displayed or threatened.

Defenses that commonly apply

  • The injury does not meet the serious physical injury standard.
  • No deadly weapon existed.
  • You were privileged to enter.

Penalties and collateral consequences

A Class B Felony carries a maximum sentence of up to 25 years and a fine of up to Up to $5,000.

Every case turns on its own facts. The information on this page is general, not legal advice.

Related charges

Related practice areas

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