Burglary Defense Lawyer in Philadelphia The basic definition of burglary is the unlawful entry of an occupied building or structure that is not open to the public with the intent to commit a crime therein. There are different degrees of burglary depending on the type of structure and whether anyone was actually present when the structure was entered. First degree burglary: A burglary is graded as a first-degree felony if the structure entered is a residence or if it is a business with someone present at any time during the commission of the offense. A burglary of a home when someone is present is not only a felony of the first-degree but it is also considered a strike under Pennsylvania law. Therefore, if it is your second strike and you are convicted, you are subject to a mandatory minimum sentence of 10 years in prison. If it is your third strike, your sentence will be a minimum of 25 years and you may be sentenced up to life. Second degree burglary: A burglary is graded as a second-degree felony if the structure is a commercial establishment not adapted for overnight stay and no one is present during the commission of the offense. In other words, if it is a business, store or some separately secured area such as a garage. While a second-degree felony carries a maximum penalty of 10 years of incarceration, rarely is an individual facing that kind of time for a commercial burglary. We’ll prepare Your Defense It is important that you do not talk to anyone, including law enforcement, if you are arrested for burglary. Anything you say may be used against you. Even if you believe, or are led to believe, that if you tell your story you will be released, any statement you give can be twisted to be used against you and to assist the prosecution. Remember that police officers are allowed to lie about information they have when interrogating suspects. If you have been arrested for DUI or DUI-related offenses in the Philadelphia metropolitan area, contact Brian M. Fishman at 267-758-2228 or visit https://www.thefishmanfirm.com of The Fishman Firm immediately for a free consultation.