What Is Burglary And Home Invasion?

In criminal law, burglary is a specific crime involving illicit entry into an establishment with the intent to commit an additional felony or theft. Often known as “breaking and entering,” the act does not need to be physically violent. Burglaries can occur in any premises, including businesses, homes, and airplanes.

On the other hand, home invasion, a more severe form of burglary, involves breaking into an occupied residence with the intent to terrorize, harm, or commit additional crimes against the residence’s occupants.

Burglary has different degrees of severity according to the law, with first-, second- and third-degree burglaries typically classified as felonies, and fourth-degree burglary considered a misdemeanor. The exact degrees of burglary and their associated penalties vary by state.

First-degree burglary is the most serious and usually involves possession of a deadly weapon with intent to perpetrate theft or violence against the occupant.
Second-degree burglary is similar to first-degree burglary and involves entering a non-residence like a business premise or buildings detached from homes, such as sheds.
Third-degree burglary usually involves a break-in without violent consequences.
Fourth-degree burglary generally involves removing items from areas adjacent to homes and businesses, such as fenced-in yards.