A person does not have to “break into” a house in the dramatic sense people often associate with burglary to be charged with burglary in Alabama.
Third-degree burglary is governed by Alabama Code §13A-7-7.
Quick Answer: What Is Burglary Third Degree in Alabama?
Among other circumstances described by the statute, third-degree burglary can occur when a person knowingly enters or remains unlawfully in a dwelling or building with the intent to commit a crime there.
The statute also addresses knowingly entering or remaining unlawfully in a dwelling and intentionally causing at least $1,000 in damage.
Burglary in the third degree is a Class C felony.
Does Something Have to Be Stolen?
No.
Burglary and theft are separate crimes.
The State may allege burglary when someone unlawfully enters or remains somewhere intending to commit another crime, even if that intended crime is never completed.
That makes intent a critical issue.
What Does “Enters or Remains Unlawfully” Mean?
Permission can matter tremendously in burglary cases.
Consider disputes involving:
- Former romantic partners
- Family members
- Employees
- Former roommates
- Landlords and tenants
- Customers of a business
- People retrieving personal property
Whether someone had permission to enter, or whether permission had been withdrawn, can become a central factual dispute.
How Does the State Prove Intent?
Intent usually has to be inferred from circumstances.
Prosecutors may rely on evidence including:
- Property allegedly taken
- Tools
- Surveillance video
- Text messages
- Statements
- Time and manner of entry
- Damage to doors or windows
- Conduct after entry
The defense can challenge whether those facts actually establish criminal intent beyond a reasonable doubt.
Frequently Asked Questions
Is burglary third degree a felony in Alabama?
Yes. It is a Class C felony.
Does burglary require breaking a window or forcing a door?
Not necessarily. The statutory focus is on knowingly entering or remaining unlawfully under the circumstances described by the law.
Can I be charged with burglary if I used to live there?
Possibly, but prior residence or permission may create important factual issues regarding whether the entry was unlawful at the time alleged.
Is burglary the same as breaking into a car?
No. Alabama has a separate offense for unlawful breaking and entering a vehicle under §13A-8-11.
Charged With Burglary in North Alabama?
Burglary cases frequently depend on details that are missing from an arrest report: who had permission, what was said beforehand, what property belonged to whom, and what the accused actually intended.
Call Nick Law represents defendants in Huntsville and throughout North Alabama.
This article contains general information and is not legal advice.
Nick Lough is a Huntsville attorney with nearly a decade of experience fighting for clients in criminal defense, family law, and personal injury cases. He provides dedicated, client-focused legal representation.
