Can a Burglary Charge be Reduced or Dismissed?

June 14, 2025

Yes, with the right Lebanon criminal defense lawyer from Mette Attorneys at Law on your side, Pennsylvania burglary charges might be reduced or dismissed. This depends on the facts of your case and dedicated legal advocacy. Confidentially discuss burglary charges with our experienced property crimes defense attorneys today by calling (717) 232-5000 or connecting with us online.

Overview of PA Burglary Charges

Pennsylvania law, specifically 18 Pa.C.S.A. § 3502, generally defines burglary as the crime of intentionally entering into an occupied structure used for business or overnight accommodations for the purpose of committing a crime therein. Burglary is a first-degree felony in Pennsylvania if the offender caused or intended to cause the occupant bodily harm, defined as follows:

Criminal homicide (murder or manslaughter)
Assault
Sexual offense
Kidnapping
Arson
Robbery
Witness or victim intimidation

First-degree felonies are punishable by up to 20 years imprisonment. Burglary is a serious crime in Lebanon, necessitating an experienced criminal defense team.

If prosecutors have strong evidence of burglary, including security footage, your best option may be to accept a plea deal. Local burglary defense lawyers might get your charges reduced via plea negotiations by showing that you intended to commit a property-only crime, such as theft, or otherwise entered due to drug addiction. This might mean pleading to a second-degree felony with reduced fines and jail time.

Criminal defense counsel might also argue that the intended crime was so minor, such as stealing needed food or clothing, that charges should be reduced to misdemeanor trespassing charges under § 3503. This is called pleading to a lesser-included offense.

Legal Defenses to Burglary

The Pennsylvania burglary statute is very specific. As such, experienced criminal defense lawyers might get charges dismissed on both legal and factual grounds.

Failure to Show Intent

The district attorney in Lebanon must submit evidence sufficient to show that you entered the building with the intent to commit a crime. If he or she cannot do so, then the judge may dismiss burglary charges.

Statutory Defenses

Your defense lawyer might get charges dismissed directly under 18 Pa.C.S.A. § 3502. The statute states that you can directly defend against burglary charges by showing that the building was abandoned, the premises were open to the public, or you had the right or permission to enter the building. Additionally, you may not be sentenced for both burglary and the offense committed in the structure unless that offense was a first or second-degree felony.

Burden of Proof

Even if you do not directly qualify for a statutory defense, making a strong legal argument might force the district attorney to offer you a favorable plea deal. Prosecutors must prove every element of the offense beyond a reasonable doubt. If defense counsel argues that the evidence against you is insufficient, this may result in dismissal or a reduction to trespassing charges.

Fight to Get Burglary Charges Reduced or Dismissed with a Dedicated Lebanon Criminal Defense Lawyer

Burglary is one of Pennsylvania’s most serious crimes. Do not speak with local prosecutors or attempt to defend yourself. The right burglary defense attorney in Lebanon might fight to have your charges reduced or dismissed. Call our legal professionals today at (717) 232-5000 or connect with our defense team online.