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Burglary
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In order to be convicted of the crime
of burglary in Alabama, the Prosecutor must prove that the person
charged has knowingly entered or remained unlawfully in a dwelling or
building with intent to commit a crime while in the dwelling or
building.
If
you have been charged with burglary or any burglary related crime,
contact attorney Steven F. Long who is very familiar with the burglary
laws in Alabama and will fight to make sure that your interests are
protected against a burglary charge. There are many favorable options
available for one charged with burglary in Alabama. Please contact Attorney Steven F. Long by clicking BURGLARY, to discuss any further and specific questions you may have.
Alabama Law on Burglary:
Burglary in the first degree.
(a) A person commits the crime of
burglary in the first degree if he or
she knowingly and unlawfully enters or remains unlawfully in a dwelling
with intent to commit a crime therein, and, if, in effecting entry or
while in dwelling or in immediate flight therefrom, the person or
another participant in the crime:
(1) Is armed with explosives; or
(2) Causes physical injury to any person who is not a participant in
the crime; or
(3) In effecting entry, is armed with a deadly weapon or dangerous
instrument or, while in the dwelling or immediate flight from the
dwelling, uses or threatens the immediate use of a deadly weapon or
dangerous instrument against another person. The use of or threatened
use of a deadly weapon or dangerous instrument does not include the
mere acquisition of a deadly weapon or dangerous instrument during the
burglary.
(b) Burglary in the first degree is a Class A felony.
Burglary in the second degree.
(a) A person commits the crime of
burglary in the second degree if he
or she knowingly enters or remains unlawfully in a building with intent
to commit theft or a felony therein and, if in effecting entry or while
in the building or in immediate flight therefrom, the person or another
participant in the crime:
(1) Is armed with explosives; or
(2) Causes physical injury to any person who is not a participant in
the crime; or
(3) In effecting entry, is armed with a deadly weapon or dangerous
instrument or, while in the building or in immediate flight from the
building, uses or threatens the immediate use of a deadly weapon or
dangerous instrument against another person. The use of or threatened
use of a deadly weapon or dangerous instrument does not include the
mere acquisition of a deadly weapon or dangerous instrument during the
burglary.
(b) In the alternative to subsection (a) of this section, a person
commits the crime of burglary in the second degree if he or she
unlawfully enters a lawfully occupied dwelling-house with intent to
commit a theft or a felony therein.
(c) Burglary in the second degree is a Class B felony.
Burglary in the third degree.
(a) A person commits the crime of
burglary in the third degree if he
knowingly enters or remains unlawfully in a building with intent to
commit a crime therein.
(b) Burglary in the third degree is a Class C felony.
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