Understanding Alabama's Burglary Laws

What is Burglary in Alabama?

Under Alabama Code Section 13A-7-7, a person commits the crime of burglary if they:

• Knowingly enter or remain unlawfully in a building with intent to commit a crime therein.
• While present in a building with knowledge that they have no right, privilege or license to be there, they intend to commit a crime.

So in simple terms, burglary involves unlawfully entering a building or remaining inside when you're not supposed to be there, with the intent to commit a crime like theft, assault, vandalism, etc. It's important to note that Alabama law defines a "building" very broadly. It includes any structure designed for overnight accommodation or business/erection purposes like houses, apartments, stores, offices, factories, barns, etc.

Degrees of Burglary in Alabama

Alabama divides burglary into three degrees based on the circumstances of the crime: First-Degree Burglary This is the most serious burglary offense. It occurs when the burglar knowingly and unlawfully enters or remains in a dwelling (residence) with intent to commit a crime, while possessing a deadly weapon or causing physical injury to another person. First-degree burglary is a Class A felony. Second-Degree Burglary This involves knowingly entering or remaining unlawfully in a building (dwelling or not) with intent to commit a crime. It's a Class B felony unless the building was a dwelling, in which case it becomes first-degree burglary. Third-Degree Burglary The least serious offense covers situations where the offender unlawfully enters or remains in a dwelling with intent to commit a misdemeanor crime (not a felony). This is a Class C felony.

Burglary Sentencing Guidelines in Alabama

The degree of the burglary conviction largely determines the potential sentence. Here are the general sentencing guidelines: First-Degree Burglary

• Class A felony
• Punishable by 10-99 years or life in prison

Second-Degree Burglary

• Class B felony
• Punishable by 2-20 years in prison

Third-Degree Burglary

• Class C felony
• Punishable by 1-10 years in prison

However, there are several factors that can increase or decrease the actual sentence imposed within those ranges.

Factors Impacting Burglary Sentences

While the statutory sentencing ranges provide a framework, judges have discretion in determining the specific sentence based on multiple aggravating and mitigating factors.

Aggravating Factors

Certain circumstances can lead to harsher sentences for burglary convictions: Prior Criminal Record Having prior felony or burglary convictions, especially recent ones, will likely result in a longer sentence within the statutory range. Use of a Deadly Weapon If a deadly weapon like a gun or knife was used or possessed during the burglary, it becomes first-degree burglary and carries much harsher penalties. Victim Injury Causing physical injury to victims during the burglary, even unintentionally, can significantly increase the sentence. Presence of Victims Burglaries where victims were present in the home or building are viewed as more serious and tend to draw longer sentences. Extensive Property Damage/Theft Cases involving major property damage or very high-value theft will likely receive sentences at the higher end of the range. Gang Involvement If the burglary was committed to benefit or promote gang activity, sentences tend to be more severe.

Mitigating Factors

On the other hand, some circumstances may allow for more lenient sentencing: No Prior Record First-time offenders with no prior criminal history often receive shorter sentences, especially for lower-degree burglaries. Minimal Property Loss Cases with little to no property damage or theft involved may warrant a lighter sentence. Acceptance of Responsibility Defendants who take responsibility by pleading guilty and showing remorse can sometimes receive a reduced sentence. Substance Abuse Issues If addiction or substance abuse played a role, the judge may order treatment along with a shorter incarceration period. Age/Health Factors Elderly defendants or those with significant health issues may get alternative sentences like home confinement. Cooperation with Authorities Providing substantial assistance to law enforcement in other cases can lead to a sentence reduction. The judge will weigh and balance all relevant aggravating and mitigating factors in each specific case when determining the final sentence.

Burglary Sentencing Examples in Alabama

To better illustrate how sentences play out, let's look at some hypothetical examples: Example 1: First-Degree Burglary John is convicted of first-degree burglary for breaking into a home while armed with a handgun, though no one was injured. He has one prior burglary conviction from 5 years ago.

• Likely Sentence: 25-35 years in prison

The presence of the gun and prior record are major aggravating factors that will likely result in a sentence toward the higher end of the 10-99 year range for a Class A felony. Example 2: Second-Degree Burglary Sarah is found guilty of second-degree burglary for breaking into an unoccupied office building to steal electronics. She has no prior record.

• Likely Sentence: 2-4 years in prison

As a first-time offender convicted of the lowest burglary degree without aggravating factors, Sarah will likely receive a sentence at the lower end of the 2-20 year range for a Class B felony. Example 3: Third-Degree Burglary Mike is convicted of third-degree burglary for unlawfully entering a neighbor's home to commit the misdemeanor of criminal mischief (vandalism). He has two prior misdemeanor convictions.

• Likely Sentence: 2-4 years in prison

While a Class C felony with a 1-10 year range, Mike's prior record and the fact it involved a residence could result in a mid-range sentence. As you can see, the specific circumstances and factors in each case play a major role in determining where a burglary sentence will fall within the statutory ranges.

Experienced Legal Representation Matters

If you or a loved one has been charged with burglary in Alabama, it's crucial to have an experienced criminal defense attorney on your side. An attorney can:

• Carefully review all evidence and circumstances
• Identify any potential legal defenses
• Negotiate for reduced charges where possible
• Present mitigating factors to argue for a lighter sentence
• Ensure your rights are fully protected throughout the process

With something as serious as a burglary charge, you need the best legal representation to obtain the most favorable outcome possible based on the facts of your case. At the Spodek Law Group, our nationwide team of skilled criminal defense lawyers have extensive experience handling all types of burglary and theft cases in Alabama and across the country. We understand the state's complex sentencing laws and will fight tirelessly to protect your freedom. Don't take a chance with your future - contact us today for a free, confidential consultation. We'll listen to your side of the story, explain all your legal options, and develop a strong defense strategy aimed at getting you the best possible result. Your rights and freedom are simply too important to risk - get the aggressive legal advocacy you deserve.