Washington DC Burglary Lawyer

Burglary is one of the most serious property crimes in Washington, DC. Unlike theft or shoplifting, which involve taking property, burglary involves unlawfully entering a building, and the criminal law treats that violation of a person’s home or property as an offense of the highest order. A first-degree burglary conviction in DC can result in up to 30 years in prison.

If you or someone you love has been charged with burglary in Washington, DC, you need an experienced DC burglary lawyer on your side immediately. The Law Offices of Krum, Gergely & Oates represents clients facing burglary charges in the DC Superior Court. Call (301) 840-0080 or fill out our contact form for a free consultation.

Burglary Laws in Washington, DC

Burglary in DC is governed by D.C. Code § 22-801, which distinguishes between two degrees of the offense based on the type of building entered and whether anyone was present at the time.

First-Degree Burglary

First-degree burglary involves breaking and entering a dwelling, a place where people live, with the intent to commit a crime inside, when another person is present at the time of entry. Because it involves intrusion into an occupied home, DC law treats first-degree burglary as one of its most serious violent offenses. The maximum sentence is 30 years in prison, and the mandatory minimum is 5 years.

Second-Degree Burglary

Second-degree burglary involves breaking and entering any building or structure where goods are kept, not necessarily a residence, with the intent to steal or commit another crime inside. It does not require that anyone be present at the time. Second-degree burglary carries a maximum sentence of 15 years in prison and is still a serious felony, with a mandatory minimum of 2 years.

Armed Burglary Enhancement

D.C. Code § 22-4502 adds substantial mandatory minimums when a burglary is committed while armed with a firearm or dangerous weapon. This can add five years minimum and up to 30 years on top of the base sentence.

The “Breaking and Entering” Requirement

Under DC law, “breaking and entering” does not necessarily mean physically breaking something. Opening an unlocked door, entering through an open window, or exceeding the scope of permission to enter (for example, entering a store after hours) can constitute “breaking and entering” sufficient for a burglary charge. The threshold is lower than many people expect.

Intent at the Time of Entry

The intent to commit a crime must exist at the time of entry. If you entered a building lawfully but later decided to steal something, that may not satisfy the burglary statute, though it could support other charges. Your attorney will carefully analyze the sequence of events and the government’s evidence of your state of mind at the time of entry.

Burglary vs. Related Offenses

Burglary charges often come alongside or are confused with other related charges. Understanding the distinctions matters for building your defense.

Burglary vs. Theft

Theft does not require entry into a building. Burglary is specifically about the unlawful entry with criminal intent; the theft itself, if it occurs, is a separate element. You can be charged with burglary even if you did not actually take anything, as long as the government can prove you entered with the intent to steal.

Burglary vs. Robbery

Robbery involves taking property directly from a person through force or intimidation. Burglary involves entering a building with the intent to commit a crime. The two offenses are distinct, but burglary charges can escalate significantly if someone was present in the building and a confrontation occurred.

Burglary vs. Trespassing

Trespassing, unlawfully entering a property without intent to commit a crime, is a much less serious offense than burglary. If the government cannot prove you intended to commit a crime when you entered the building, burglary charges may not be supportable, and the conduct might be better characterized as trespassing.

Defenses to Burglary Charges in DC

Lack of Criminal Intent at Entry

The prosecution must prove you had the intent to commit a crime at the moment you entered the building. This is often the most contestable element of a burglary charge. Without evidence of your state of mind at entry through statements, prior planning, tools brought to the scene, or other circumstantial evidence, the government’s case can be vulnerable.

Lawful Authorization to Enter

If you had permission to be in the building, the “unlawful entry” element fails. Disputes about the scope of authorization, whether you were allowed to be there, and under what circumstances, can be a significant defense, particularly in cases involving workplaces, shared properties, or relationships between the parties.

Mistaken Identity

Burglary often occurs at night or in circumstances where identification is difficult. Eyewitness identifications and surveillance footage can be challenged. If the government’s identification of you as the person who entered the building is not conclusive, your attorney can attack that evidence.

Unlawful Search and Seizure

Physical evidence connecting you to burglary tools, stolen property, and fingerprints is often obtained through searches. If law enforcement conducted an unlawful search, the resulting evidence may be suppressed, potentially preventing the government from proceeding.

Consequences of a Burglary Conviction in DC

A burglary conviction carries consequences far beyond prison time:

• First-degree burglary is classified as a crime of violence in DC, which carries additional legal consequences beyond the base sentence
• A felony conviction permanently affects your right to own or possess firearms
• Employment background checks will reflect a felony burglary conviction indefinitely
• Non-citizens face mandatory deportation consequences for crimes of violence
• Housing options are significantly limited following a felony conviction

Why Choose Krum, Gergely & Oates?

The attorneys at the Law Offices of Krum, Gergely & Oates have tried serious felony cases, including violent and property crimes, before juries and judges in DC, Maryland, and Virginia. We bring that depth of trial experience to every burglary case we handle. We investigate the facts, challenge the government’s evidence, and prepare every case as if it will go to trial because the best negotiating position is always being fully prepared to win at one.