Burglary Charge Defense Attorneys

Have you been charged with burglary? Our experienced attorneys can provide you with a free case review and give you your best chance of success in court.

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Don't Face Burglary Charges Alone

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Many people are often shocked when they are charged with burglary because the allegations do not match what they traditionally consider to be burglary. In Connecticut, you can be charged with burglary if you enter or remain in a building with the intent to commit a crime within that building.


Contrary to what many people may believe, the crime committed within the building does not have to be a theft; it can be an assault, threatening, or many other crimes. There are, however, certain crimes that are insufficient for satisfying a burglary charge. For example, trespassing cannot form the basis of a burglary.


In light of recent cases in Connecticut, our state’s attorneys and judges take any burglary charge extremely seriously. This is especially true when it involves a residential burglary. In fact, the Connecticut Legislature created a new crime, home invasion, to increase the penalties.


If you have been arrested for burglary, you do have options. There are defenses a Connecticut burglary lawyer can utilize – you may have had permission to be in the building or the building may have been abandoned. There are initiatives you can take to fight the case, protect your rights, and minimize the consequences. If you have been charged with burglary or home invasion, BBB Attorneys can assist you in your defense.

Frequently Asked Questions

  • What is the first thing I should do after being charged with burglary?

    The first thing you should do after being charged with burglary in Connecticut is to exercise your right to remain silent. Do not discuss your case or the circumstances surrounding it with anyone, especially the police, until you've consulted with a criminal defense attorney. It's critical to ensure your rights are protected right from the outset. A knowledgeable attorney can guide you through the legal process, help you understand your charges, potential penalties, and work on a defense strategy that suits your specific case.

  • How long do burglary cases typically take to resolve?

    The duration of burglary cases in Connecticut can greatly vary based on several factors, including the complexity of the case, the amount of evidence involved, and the court's schedule. It's not uncommon for these cases to take several months to over a year to fully resolve. This includes stages such as arraignment, discovery, negotiations for a plea deal, potential pre-trial motions, and potentially a trial. Having a skilled criminal defense attorney on your side can help navigate this process more smoothly and effectively.

  • What can I expect throughout the legal process when being charged with burglary?

    If you're charged with burglary in Connecticut, the legal process typically involves several key steps:

    • Arrest and Charging: After your arrest, you'll be formally charged with a crime, likely at a police station.
    • Arraignment: During your arraignment, you'll be informed of the charges against you and asked to enter a plea (guilty, not guilty, or no contest).
    • Bail/Bond Hearing: Depending on the severity of the charges, a judge may set bail which, if posted, allows you to remain free while your case proceeds.
    • Discovery: During the discovery phase, both the prosecution and your defense attorney will collect and exchange evidence relevant to the case.
    • Plea Negotiations: Your attorney might negotiate with the prosecution to reach a plea bargain, where you agree to plead guilty to a lesser charge, often in exchange for a lighter sentence.
    • Pre-Trial Motions: Your attorney can file motions to suppress evidence, dismiss charges, or address other legal matters before trial.
    • Trial: If a plea agreement isn't reached, the case proceeds to trial, where the prosecution and defense present their arguments and evidence before a judge or jury.
    • Sentencing: If you're found guilty, the judge will impose a sentence based on Connecticut's laws and the specific circumstances of your case.

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Attorneys and paralegals are available 24 hours a day to answer questions regarding your potential case.

(203) 562-0900 or fill out this form to reach an attorney.

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What Happens Next?

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Once you complete the form with your name and contact information, it will be sent to the professionals at BBB Attorneys via secure connection.

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Within 24 business hours, one of our staff members will review the information submitted and call you regarding your case.

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When a representative from BBB Attorneys calls, you can expect them to follow up with additional questions that will help determine whether or not your case is viable. If it is, we will explain next steps in filing a claim!

The Different Types of Burglary

There are three degrees of burglary in Connecticut, all of which warrant the attention of a burglary attorney:

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Burglary in the First Degree. This is the most serious burglary offense in Connecticut, typically involving unlawful entry into a dwelling with intent to commit a crime while armed or causing physical harm. Convictions can result in severe penalties, including lengthy prison sentences, making it essential to have an experienced attorney.

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Burglary in the Second Degree. This offense generally involves unlawful entry into a building or dwelling while another person is present, often with the intent to commit theft or another crime. While not as severe as first-degree burglary, the consequences can still include significant jail time and hefty fines.

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Burglary in the Third Degree. This charge typically applies to unlawful entry into any building or structure with the intent to commit a crime. Although considered the least serious of burglary charges, it still carries the risk of a criminal record and possible incarceration.

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Home Invasion. Home invasion is distinct from burglary due to its violent nature, often involving forced entry into a dwelling while occupants are present. It is a Class A felony in Connecticut, carrying the possibility of life imprisonment, making immediate legal representation critical.

Burglary in the First, Second and Third Degrees

The state has three ways to prove a Burglary in the First Degree. The first occurs when a person enters or remains in a building with the intent to commit a crime and has a deadly weapon or instrument in his or her possession. The second occurs when a person enters or remains in a building with the intent to commit a crime and attempts to, or actually does, cause bodily injury. Lastly, the state can prove a Burglary in the First Degree when a person enters or remains in a “dwelling” at night with the intent to commit a crime. Burglary in the First Degree is a Class B Felony.


Burglary in the Second Degree is much simpler than Burglary in the First Degree. In order to prove Burglary in the Second Degree, the state must prove that a person enters or remains in a dwelling while another person, who is not a participant in the burglary, is actually in that dwelling.


In addition, a person can be charged with Burglary in the Second Degree with a Firearm in violation of Conn. Gen. Stat. 53a-102a. This provides for an enhanced penalty. In order to prove this charge, the state must prove a Burglary in the Second Degree and that, during the course of such a crime, the person uses, is armed with, or threatens the use of a gun or firearm. Burglary in the Second Degree is a Class C Felony.


Burglary in the Third Degree only requires that a person enters or remains in a building with the intent to commit a crime within that building. As with Burglary in the Second Degree, there is an enhanced penalty for Burglary in the Third Degree with a Firearm, in violation of Conn. Gen. Stat. § 53a-103a. In order to prove this charge, the state must prove a Burglary in the Third Degree and that during the course of such a crime, that the person uses, is armed with or threatens the use of a gun or firearm. Burglary in the Third Degree is a Class D Felony.

What Is Home Invasion?

Home Invasion in violation of Conn. Gen. Stat. § 53a-100aa is the most serious of all burglary charges, making it imperative that you contact a burglary lawyer as soon as possible. The state must prove that a person enters or remains in a dwelling while a person other than a participant is actually in the dwelling with the intent to commit a crime in the dwelling and the person attempts to, or actually does, commit a felony against someone in the dwelling or the person is armed with a deadly weapon or dangerous instrument. Home Invasion is a Class A Felony.

Legal Burglary Penalties

Charge Statute Maximum penalty Mandatory Minimum
Home Invasion C.G.S. § 53a-100aa Up to 25 years in jail 10 years in jail
Burglary 1st Degree: General C.G.S. § 53-101 Up to 20 years in jail N/A
Burglary 1st Degree: Deadly Weapon C.G.S. § 53a-101(a)(1) Up to 20 years in jail 5 years in jail
Burglary 2nd Degree: General C.G.S. § 53a-102 Up to 10 years in jail N/A
Burglary 2nd Degree: With a Firearm C.G.S. § 53a-102a Up to 10 years in jail 1 year in jail
Burglary 3rd Degree: General C.G.S. § 53a-103 Up to 5 years in jail N/A
Burglary 3rd Degree: With a Firearm C.G.S. § 53a-103a Up to 5 years in jail 1 year in jail

The Three Aspects of Defense

By separating the three aspects of defense for your case, we are able to present your defense to the State and the Court in a way that uniquely positions you to get the results you desire. The three aspects are:

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Legal Issues. During the legal aspect of your defense, we analyze your case for any potential legal issues such as illegal stops, illegal searches, and violations of your constitutional rights. 

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Factual Issues. In terms of factual issues, we examine the evidence to see if the state can actually meet its burden to prove that you are guilty beyond a reasonable doubt. In a burglary case, this is often a strong defense. For example, the building being abandoned is a potential defense. Similarly, you may have a factual defense if you had permission to be in the building.

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"Social" Issues. Only after exhausting all other avenues and receiving your permission will we dive into potential social defenses. We will discuss your life, what you have experienced and what factors lead you to this point. This allows us to personalize you in the eyes of the state’s attorney and judge in order to demonstrate why you deserve to have minimal consequences.

How BBB Attorneys Can Help You

Have you been charged with burglary? Are you looking for your best chance at defense? Give our dedicated attorneys a call today! We can provide you with a free case review and help you determine what strategy to use to reach your desired outcomes. Trust us with your case and you'll have a partner every step of the way.

Contact us today by calling (203) 562-0900 to discuss your case with an attorney. We offer free consultations and have offices statewide in Startford, West Hartford, North Haven, New Haven, Cheshire, Southington, New Milford, Simsbury, Waterbury, and most of the state of Connecticut.

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Peter G. Billings

Peter G. Billings

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Peter C. Bowman

Peter C. Bowman

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