Burglary: penalties in each state
Entering a building or other structure to commit a crime inside. Burglary of an occupied home is usually the most serious degree.
What to look for: Burglary of a home is treated much more harshly than burglary of a shed or a shop in many states.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
9 states covered so far
Arizona
1 to 3.75 years (third degree) up to 3 to 12.5 years (first degree, residential)
Show the degrees and the statutes
Burglary in the third degree (Class 4 felony)
- Least
- 1 year
- Most
- 3.75 years
- Fine
- Fine of up to $150,000
A first offence: usual term 2.5 years, between 1.5 and 3 years; 1 year if mitigated and 3.75 years if aggravated (§ 13-702).
Burglary in the second degree (residential structure) (Class 3 felony)
- Least
- 2 years
- Most
- 8.75 years
- Fine
- Fine of up to $150,000
A first offence: usual term 3.5 years, between 2.5 and 7 years; 2 years if mitigated and 8.75 years if aggravated (§ 13-702).
Burglary in the first degree of a residential structure (Class 2 felony)
- Least
- 3 years
- Most
- 12.5 years
- Fine
- Fine of up to $150,000
A first offence: usual term 5 years, between 4 and 10 years; 3 years if the court finds mitigating factors and 12.5 years if it finds aggravating factors (§ 13-702). First-degree burglary of a non-residential structure or a fenced yard is a Class 3 felony. If it is a dangerous offence, the Class 2 range is 7 to 21 years (§ 13-704).
California
No minimum, up to 1 year (second degree) up to 2 to 6 years (first degree)
Show the degrees and the statutes
Burglary in the second degree (Wobbler: felony or misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in county jail, or a felony term served under § 1170(h) (16 months, 2 or 3 years)
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Burglary in the first degree (of an inhabited dwelling) (Felony)
- Least
- 2 years
- Most
- 6 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 2, 4 or 6. The court chooses among them.
Florida
Up to 5 years (third degree) up to life (first degree)
Show the degrees and the statutes
Burglary in the third degree (Felony of the third degree)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years
- Fine
- Fine of up to $5,000
Burglary in the second degree (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years
- Fine
- Fine of up to $10,000
For example, burglary of a dwelling, or of a structure or conveyance with a person inside.
Burglary in the first degree (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- A term of years up to life
- Fine
- Fine of up to $10,000
Where the offender makes an assault or battery, or is armed. A first-degree felony punishable by a term of years up to life.
Iowa
Up to 5 years (third degree) to up to 25 years (first degree)
Show the degrees and the statutes
Burglary in the third degree (Class D felony)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years
- Fine
- Fine of $1,025 to $10,245
Burglary of an unoccupied motor vehicle or vessel is an aggravated misdemeanor (up to 2 years) for a first offence.
Burglary in the second degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
- Fine
- Fine of $1,370 to $13,660
Burglary in the first degree (Class B felony)
- Least
- No minimum term set by the statute
- Most
- Up to 25 years
A burglary of an occupied structure with an aggravating factor, such as a weapon, an explosive or causing injury.
Maryland
Up to 10 years (third degree) up to 25 years (home invasion)
Show the degrees and the statutes
Burglary in the third degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
Burglary in the second degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years (the form in subsection (b) carries up to 20 years, a fine of up to $10,000, or both)
Burglary in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 20 years
Home invasion (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 25 years
Entering the dwelling of another with the intent to commit a crime, while another person is present.
New York
Up to 7 years (third degree) up to 5 to 25 years (first degree)
Show the degrees and the statutes
Burglary in the third degree (Class D felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Burglary in the second degree (Class C felony)
- Least
- 3.5 years if of a dwelling (a violent felony)
- Most
- 15 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Burglary of a dwelling is a violent felony offense (3.5 to 15 years). Other second-degree burglary is a non-violent class C felony (maximum 15 years).
Burglary in the first degree (of a dwelling, with an aggravating factor) (Class B violent felony)
- Least
- 5 years
- Most
- 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Texas
180 days to 2 years (a building) up to 5 to 99 years, or life (a habitation, with intent to commit a serious crime)
Show the degrees and the statutes
Burglary of a building other than a habitation (State jail felony)
- Least
- 180 days in a state jail
- Most
- 2 years in a state jail
- Fine
- Fine of up to $10,000
Burglary of certain commercial buildings where controlled substances are stored (Felony of the third degree)
- Least
- 2 years
- Most
- 10 years
- Fine
- Fine of up to $10,000
A third-degree felony under § 30.02(c-1).
Burglary of a habitation (Felony of the second degree)
- Least
- 2 years
- Most
- 20 years
- Fine
- Fine of up to $10,000
Burglary of a habitation with intent to commit, or commission of, a serious felony (Felony of the first degree)
- Least
- 5 years
- Most
- 99 years, or life
- Fine
- Fine of up to $10,000
A first-degree felony under § 30.02(d), in the circumstances listed there, for example where the intent was to commit a felony other than theft.
Virginia
1 to 20 years, or up to 12 months in jail (statutory burglary) up to 20 years to life (armed)
Show the degrees and the statutes
Statutory burglary (entering with intent to commit larceny or another felony) (Felony (term set by the statute))
- Least
- 1 year in prison, or no prison term if the court chooses jail instead
- Most
- 20 years, or up to 12 months in jail and a fine of up to $2,500
If the person was armed with a deadly weapon, it is a Class 2 felony.
Burglary (breaking and entering a dwelling at night with intent to commit a felony or any larceny) (Class 3 felony)
- Least
- 5 years
- Most
- 20 years
- Fine
- Fine of up to $100,000
Section 18.2-90, entering a dwelling or other building with intent to commit murder, rape, robbery or arson, carries the same Class 3 grade. If the person was armed with a deadly weapon, both are Class 2 felonies.
Washington
Up to 10 years (second degree) up to life (first degree)
Show the degrees and the statutes
Burglary in the second degree (Class B felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
- Fine
- Fine of up to $20,000
Residential burglary (Class B felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
- Fine
- Fine of up to $20,000
Burglary in the first degree (Class A felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
- Fine
- Fine of up to $50,000
Other states are being added. Spotted a mistake? Tell us.
