Burglary and Robbery Laws by State (2026)
How each state charges burglary and robbery and the maximum penalties, from each state criminal code.
| State | Burglary and robbery |
|---|---|
| Alabama | Burglary is knowingly entering or remaining unlawfully in a building or dwelling with intent to commit a crime there. Burglary in the third degree (a dwelling or building) is a Class C felony (not more than 10 years or less than one year and one day); burglary in the second degree (armed, causing injury, or unlawfully entering a lawfully occupied dwelling-house to commit theft or a felony) is a Class B felony (not more than 20 years or less than two years); burglary in the first degree (a dwelling, while armed with explosives or a deadly weapon, or causing injury) is a Class A felony (life or not more than 99 years or less than 10 years). Robbery is using force, or threatening the imminent use of force, against the owner or anyone present while committing a theft. Robbery in the third degree is a Class C felony; robbery in the second degree (aided by another person actually present) is a Class B felony; robbery in the first degree (armed with a deadly weapon or dangerous instrument, or causing serious physical injury) is a Class A felony. A Class A felony in which a firearm or deadly weapon was used carries not less than 20 years, and a Class B or C felony with a firearm or deadly weapon not less than 10 years. Ala. Code 1975 §§ 13A-7-5, 13A-7-6, 13A-7-7, 13A-8-41, 13A-8-42, 13A-8-43, 13A-5-6 |
| Alaska | Burglary in the second degree is knowingly entering or remaining unlawfully in a building with intent to commit a crime there; it is a Class C felony (up to five years and a fine up to $50,000). It becomes burglary in the first degree, a Class B felony (up to 10 years, up to $100,000), when the building is a dwelling or when, in entering, while inside, or in immediate flight, the person is armed with a firearm, causes or tries to cause physical injury, or uses or threatens to use a dangerous instrument. Robbery in the second degree is using or threatening the immediate use of force on any person while taking or attempting to take property from another's immediate presence and control; it is a Class B felony. It becomes robbery in the first degree, a Class A felony (up to 20 years, up to $250,000), when the robber or another participant is armed with a deadly weapon (or claims to be), uses or tries to use a dangerous instrument or defensive weapon, or causes or tries to cause serious physical injury. AS 11.46.300, 11.46.310, 11.41.500(a), 11.41.510(a); AS 12.55.125 |
| Arizona | Burglary is entering or remaining unlawfully in a place with intent to commit any theft or any felony inside. Burglary of a nonresidential structure or a fenced commercial or residential yard (or entering a car with a manipulation or master key to steal) is burglary in the third degree, a class 4 felony; burglary of a residential structure is burglary in the second degree, a class 3 felony; and burglary while knowingly possessing explosives, a deadly weapon or a dangerous instrument is burglary in the first degree, a class 3 felony (class 2 felony in a residential structure). Robbery is threatening or using force against any person while taking property from that person or their immediate presence against their will; it is a class 4 felony. It is aggravated robbery, a class 3 felony, when an accomplice is actually present, and armed robbery, a class 2 felony, when the robber or an accomplice is armed with, uses, or threatens to use a deadly weapon, dangerous instrument or simulated deadly weapon. For a first offense, the presumptive prison term is 2.5 years for a class 4 felony, 3.5 years for a class 3 felony and 5 years for a class 2 felony. A.R.S. §§ 13-1506, 13-1507, 13-1508, 13-1902, 13-1903, 13-1904, 13-702(D) |
| Arkansas | Residential burglary (unlawfully entering or remaining in a home to commit a crime) is a Class B felony (5 to 20 years, up to $15,000), and commercial burglary is a Class C felony (3 to 10 years, up to $10,000). Breaking or entering is a Class D felony (up to 6 years). Aggravated residential burglary, including residential burglary while armed with a deadly weapon, is a Class Y felony (10 to 40 years or life). Robbery (taking property by using or threatening physical force) is a Class B felony, and aggravated robbery, such as robbery while armed with a deadly weapon, is a Class Y felony. Ark. Code §§ 5-39-201(a), (b), 5-39-202, 5-39-204, 5-12-102, 5-12-103; §§ 5-4-401, 5-4-201 |
| California | Burglary is entering a house, room, shop, store, other building, locked vehicle or other listed structure with intent to commit theft or a felony; the crime is complete on entry even if nothing is taken. Burglary of an inhabited dwelling (or the inhabited part of another building, or an inhabited vessel, floating home or trailer coach) is first degree burglary and carries 2, 4 or 6 years in state prison. All other burglary is second degree and can be charged as a misdemeanor or felony: up to 1 year in county jail, or 16 months, 2 or 3 years under Penal Code § 1170(h). Robbery is taking property from another person or their immediate presence, against their will, by force or fear. First degree robbery (including robbery in an inhabited dwelling, of a bus or taxi driver or passenger, or of a person using an ATM) carries 3, 4 or 6 years, and second degree robbery carries 2, 3 or 5 years; first degree robbery in an inhabited dwelling committed with two or more others carries 3, 6 or 9 years. Cal. Penal Code §§ 211, 212.5, 213, 459, 460, 461; CALCRIM Nos. 1600, 1700 |
| Colorado | Second degree burglary is knowingly breaking into, entering unlawfully, or remaining unlawfully in a building or occupied structure with intent to commit a crime against a person or property; it is a class 3 felony (four to twelve years) for a dwelling or when the goal is stealing firearms or controlled substances, a class 4 felony for an occupied structure or business, a class 5 felony for other buildings, and a class 2 misdemeanor for entering a store in violation of a written no-entry notice or court order. First degree burglary, a class 3 felony, is burglary in which someone assaults or menaces a person, is armed with explosives, or uses or threatens to use a deadly weapon. Robbery is knowingly taking anything of value from the person or presence of another by force, threats or intimidation; it is a class 4 felony (two to six years). Aggravated robbery, a class 3 felony and an 'extraordinary risk' crime with a longer sentencing range, is robbery while armed with a deadly weapon (or a fake one, or claiming to be armed) or wounding or threatening someone with a deadly weapon. C.R.S. §§ 18-4-202, 18-4-203, 18-4-301, 18-4-302 |
| Connecticut | Burglary is entering or remaining unlawfully in a building with intent to commit a crime there. Burglary in the third degree is a Class D felony (up to five years); second degree, unlawfully entering a dwelling while someone else is present, is a Class C felony (one to ten years); first degree, being armed with explosives or a deadly weapon or dangerous instrument, injuring or trying to injure someone, or entering a dwelling at night, is a Class B felony (one to twenty years). Home invasion, entering an occupied dwelling and committing a felony against a person there or being armed, is a Class A felony with ten years that may not be suspended. Robbery is using or threatening immediate physical force while committing a larceny; simple robbery is third degree (Class D felony), robbery with an accomplice present or displaying what is represented to be a deadly weapon is second degree (Class C felony), and robbery causing serious physical injury, being armed with a deadly weapon, using a dangerous instrument, or displaying what is represented to be a firearm is first degree (Class B felony). Conn. Gen. Stat. §§ 53a-100aa, 53a-101, 53a-102, 53a-103, 53a-133, 53a-134, 53a-135, 53a-136, 53a-35a |
| Delaware | Burglary is knowingly entering or remaining unlawfully in a building with intent to commit a crime there. Burglary in the third degree is a Class F felony (up to 3 years); second degree, a dwelling, or a building while armed or causing injury, is a Class D felony (up to 8 years); first degree, an occupied dwelling, is a Class C felony (up to 15 years) with a minimum of 1 year at Level V, and a Class B felony if the person is armed or causes injury. Home invasion burglary (first-degree burglary combined with robbery, serious assault, murder, rape or kidnapping) carries a minimum 6 years. Robbery is using or threatening immediate force while committing theft; robbery in the second degree is a Class E felony (up to 5 years), and robbery in the first degree, involving injury, displaying or claiming a deadly weapon, using a dangerous instrument, a victim 65 or older, or a threat of death, is a Class B felony (2 to 25 years) with a minimum of 3 years at Level V. 11 Del. C. §§ 824, 825, 826, 831, 832, 4205(b) |
| District of Columbia | Burglary is breaking and entering, or entering without breaking, a dwelling, building, store, vessel, railroad car or similar place with intent to steal or commit any crime. It is burglary in the first degree, punishable by 5 to 30 years, when someone is in the dwelling or sleeping room at the time; all other burglary is second degree, punishable by 2 to 15 years. Robbery is taking anything of value from a person or their immediate possession by force or violence, by sudden or stealthy snatching, or by putting them in fear, punishable by 2 to 15 years; attempted robbery carries up to 3 years. D.C. does not have separate armed burglary or armed robbery grades, but committing these crimes while armed adds up to 30 years, with a mandatory minimum of 5 years when a firearm is used. D.C. Code §§ 22-801, 22-2801, 22-2802, 22-4502 |
| Florida | Burglary is entering a dwelling, structure or conveyance with intent to commit an offense inside (unless open to the public or the person was invited), or remaining inside secretly or after permission is withdrawn with that intent. It is a third-degree felony (up to 5 years) for an unoccupied structure or vehicle; a second-degree felony (up to 15 years) for any dwelling, occupied or not, or an occupied structure or vehicle; and a first-degree felony punishable by up to life if the burglar commits an assault or battery, is or becomes armed with explosives or a dangerous weapon, uses a vehicle to damage the building, or causes more than $1,000 in damage. Robbery is taking money or property from a person or their custody by force, violence, assault or putting in fear. Robbery without a weapon is a second-degree felony (up to 15 years); carrying a weapon makes it a first-degree felony (up to 30 years), and carrying a firearm or other deadly weapon makes it a first-degree felony punishable by up to life. Fla. Stat. §§ 810.02, 812.13, 775.082 |
| Georgia | Burglary is entering or remaining in a building without authority to commit a felony or theft. First-degree burglary (a dwelling house) carries one to 20 years for a first conviction, two to 20 for a second, and five to 25 for a third or later; second-degree burglary (other buildings, structures, railroad cars, watercraft or aircraft) carries one to five years, and one to eight for a second or later conviction. Robbery is taking property from a person or their immediate presence by force, intimidation or 'sudden snatching'; it is punished 'by imprisonment for not less than one nor more than 20 years,' or five to 20 if the victim is 65 or older. Armed robbery (using an offensive weapon or a replica) is punished 'by death or imprisonment for life or by imprisonment for not less than ten nor more than 20 years.' O.C.G.A. §§ 16-7-1; 16-8-40; 16-8-41 |
| Hawaii | Burglary is intentionally entering or remaining unlawfully in a building intending to commit a crime against a person or property there. Burglary in the second degree is a class C felony (five years); it becomes burglary in the first degree, a class B felony (ten years), when the person is armed with a dangerous instrument, injures or tries to injure someone, or recklessly disregards the risk that the building is someone's dwelling and it is. Robbery is using or threatening force while committing a theft or taking a motor vehicle. Robbery in the second degree (using force to overcome resistance, threatening imminent force, or recklessly causing serious bodily injury) is a class B felony; robbery in the first degree (attempting to kill, intentionally causing or trying to cause serious bodily injury, being armed with a dangerous instrument, electric gun or simulated firearm while using or threatening force, or robbing during a declared emergency) is a class A felony (twenty years). Haw. Rev. Stat. §§ 708-810, 708-811, 708-840, 708-841, 706-659, 706-660 |
| Idaho | Burglary is entering a house, room, apartment, shop, warehouse, store, barn, other building, tent, vessel, closed vehicle, closed trailer, airplane or railroad car with intent to commit any theft or any felony. It is a felony punishable by not less than one (1) nor more than ten (10) years in state prison. Robbery is the felonious taking of personal property from another person or their immediate presence, against their will, by means of force or fear. Robbery is a felony punishable by not less than five (5) years in state prison, and the term may extend to life. Idaho does not divide burglary or robbery into degrees. Idaho Code §§ 18-1401, 18-1403, 18-6501, 18-6503 |
| Illinois | Burglary means entering or staying in a building, housetrailer, vehicle, watercraft, aircraft, railroad car or freight container without authority, intending to commit a felony or theft. Burglary of a building is a Class 2 felony (3 to 7 years); burglary of a vehicle or similar without causing damage is a Class 3 felony (2 to 5 years); and burglary of a school, child care setting or place of worship is a Class 1 felony (4 to 15 years). Breaking into someone's home is residential burglary, a Class 1 felony. Robbery means taking property from a person by force or by threatening force; it is a Class 2 felony, or a Class 1 felony if the victim is 60 or older or has a physical disability, or if it happens in a school, child care setting or place of worship. Aggravated robbery (claiming to be armed, or drugging the victim) is a Class 1 felony, and armed robbery is a Class X felony (6 to 30 years), with 15, 20, or 25 years to life added when a firearm is carried, discharged, or discharged causing great bodily harm or death. 720 ILCS 5/19-1; 720 ILCS 5/19-3; 720 ILCS 5/18-1; 720 ILCS 5/18-2; 730 ILCS 5/5-4.5-25, -30, -35, -40 |
| Indiana | Burglary is breaking and entering another person's building or structure with intent to commit a felony or theft inside; it is a Level 5 felony (1 to 6 years), and a Level 4 felony (2 to 12 years) if the building is a dwelling. Even slight force, such as opening an unlocked door, counts as breaking. Robbery is knowingly or intentionally taking property from another person or their presence by using or threatening force or by putting someone in fear; it is a Level 5 felony, a Level 3 felony (3 to 16 years) if committed while armed with a deadly weapon or if it results in bodily injury to someone other than the defendant, and a Level 2 felony (10 to 30 years) if it results in serious bodily injury. Ind. Code §§ 35-43-2-1, 35-42-5-1, as quoted in Houston v. State, No. 25A-CR-1418 (Ind. Ct. App. Mar. 24, 2026) (mem.) and Eversole v. State, No. 24A-CR-864 (Ind. Ct. App. Feb. 7, 2025) |
| Iowa | Burglary is entering (or staying in after closing or after permission ends, or breaking into) an occupied structure not open to the public with intent to commit a felony, assault or theft inside. First-degree burglary (people present and the burglar has an explosive or dangerous weapon, causes bodily injury, or commits sexual abuse) is a class "B" felony (up to 25 years); second-degree burglary is a class "C" felony (up to ten years); all other burglary is third degree, a class "D" felony (up to five years), except that a first burglary of an unoccupied motor vehicle or boat is an aggravated misdemeanor. Robbery is committing an assault, threatening or putting someone in fear of immediate serious injury, or threatening an immediate forcible felony, in order to commit a theft or escape. Robbery while purposely inflicting or attempting serious injury, or while armed with a dangerous weapon, is first-degree robbery, a class "B" felony; all other robbery is second degree, a class "C" felony. Iowa Code §§ 713.1, 713.3, 713.5, 713.6A, 711.1, 711.2, 711.3; 902.9(1)(b), (d), (e) (Iowa Code 2026) |
| Kansas | Burglary is entering or staying in a place without authority with intent to commit a felony, theft, domestic battery, a protection-order violation or a sexually motivated crime there. Burglary of a dwelling is a severity level 7 person felony; of another building or structure, a severity level 7 nonperson felony; and of a vehicle, a severity level 9 nonperson felony (severity level 5 if the intent is to steal a firearm). Aggravated burglary, when a person is inside, is a severity level 4 person felony for a dwelling and severity level 5 for other buildings or vehicles. Robbery is knowingly taking property from a person or their presence by force or threat of bodily harm, a severity level 5 person felony; aggravated robbery (armed with a dangerous weapon or inflicting bodily harm) is a severity level 3 person felony. K.S.A. 21-5807(a)-(c); 21-5420 |
| Kentucky | Burglary is knowingly entering or remaining unlawfully in a building with intent to commit a crime. Third-degree burglary (any building) is a Class D felony (1 to 5 years); second-degree burglary (a dwelling) is a Class C felony (5 to 10 years); first-degree burglary, where the burglar or a participant is armed with explosives or a deadly weapon, injures a non-participant, or uses or threatens a dangerous instrument, is a Class B felony (10 to 20 years). Robbery is using or threatening immediate physical force on someone while committing a theft. Second-degree robbery is a Class C felony; first-degree robbery, where the robber injures a non-participant, is armed with a deadly weapon, or uses or threatens a dangerous instrument, is a Class B felony. Each of these is one class higher if it happens during a declared emergency in the disaster area. KRS 511.020, 511.030, 511.040, 515.020, 515.030; 532.060 |
| Louisiana | Burglary means entering a building, vehicle or other place without permission to commit a felony or theft inside. Simple burglary: a fine of not more than $2,000, up to 12 years with or without hard labor, or both (three to 12 years if armed with a firearm). Burglary of a home (simple burglary of an inhabited dwelling): one to 12 years at hard labor. Aggravated burglary (a person is present and the offender is armed or commits a battery): one to 30 years at hard labor. Robbery is taking property from a person by force or intimidation: simple robbery carries a fine of not more than $3,000, up to seven years, or both; armed robbery (with a dangerous weapon) carries 10 to 99 years at hard labor without parole, probation, or suspension. La. R.S. 14:62(B); R.S. 14:62.2(B); R.S. 14:60(B); R.S. 14:65(B); R.S. 14:64(B) |
| Maine | Burglary is entering or surreptitiously remaining in a structure without permission, intending to commit a crime there. The basic offense is a Class C crime (up to 5 years). It is Class B (up to 10 years) if the burglar intentionally or recklessly inflicts bodily injury, is armed with a dangerous weapon other than a firearm, the structure is a dwelling place, or the person has two or more prior qualifying convictions; it is Class A (up to 30 years) if the burglar is armed with a firearm. Robbery is committing or attempting theft while recklessly causing bodily injury or threatening or putting someone in fear of imminent force; that is a Class B crime. Robbery is Class A (up to 30 years and $50,000) when the robber uses physical force, intentionally inflicts or tries to inflict bodily injury, or is armed with a dangerous weapon (or knows an accomplice is). 17-A M.R.S. §§ 401(1), 651, 1604(1) |
| Maryland | Burglary in the first degree is breaking and entering someone else's home with intent to commit theft, a felony punishable by up to 20 years; breaking into a home intending to commit a crime of violence is the felony of home invasion (up to 25 years). Breaking into a home intending to commit any crime is third-degree burglary, a felony up to 10 years. Breaking into a storehouse (a store, shed or other non-home building) to commit theft or a crime of violence is second-degree burglary, a felony up to 15 years (20 years and $10,000 if the goal was to steal a firearm). Simply breaking and entering a home or storehouse, or being on someone's property intending to steal, is fourth-degree burglary, a misdemeanor up to 3 years. Robbery is a felony punishable by up to 15 years; armed robbery (with a dangerous weapon or a written note claiming to have one) is a felony punishable by up to 20 years. Md. Code, Crim. Law §§ 6-202, 6-203, 6-204, 6-205, 3-402, 3-403 |
| Massachusetts | Burglary in Massachusetts is breaking and entering a dwelling at night with intent to commit a felony. Unarmed burglary is punishable by up to 20 years in state prison (at least 5 years with a prior burglary conviction); armed burglary, or burglary with an assault on someone inside, is punishable by life or at least 10 years (at least 15 years if armed with a firearm). Breaking and entering other buildings, vehicles or vessels at night to commit a felony carries up to 20 years; breaking and entering in the daytime (or entering a dwelling at night without breaking) to commit a felony, with no one put in fear, carries up to 10 years in state prison or a $500 fine and up to two years in jail. Robbery (taking property from a person by force or fear) is punishable by life or any term of years whether armed or unarmed; armed robbery with a firearm carries a minimum of 5 years, and robbery of a person 60 or older has a 2-year minimum for repeat offenders. G.L. c. 266, §§ 14, 15, 16, 18; c. 265, §§ 17, 19 |
| Michigan | Michigan calls burglary of a home 'home invasion.' Breaking into or entering a dwelling without permission to commit (or while committing) a felony, larceny or assault is second-degree home invasion, a felony up to 15 years and/or $3,000; it is first degree (up to 20 years and/or $5,000) if the person is armed with a dangerous weapon or someone else is lawfully inside. Third-degree home invasion (entering to commit a misdemeanor, or violating a protective order or release condition while inside) is a felony up to 5 years and/or $2,000. Breaking and entering other buildings with intent to commit a felony or larceny is a felony up to 10 years. Robbery (larceny using force or violence, assault or fear) is a felony up to 15 years; armed robbery (with a dangerous weapon, or pretending to have one) is a felony punishable by life or any term of years, with a 2-year minimum if someone is seriously injured. MCL 750.110, 750.110a(2)-(4), 750.529, 750.530 |
| Minnesota | Burglary is entering a building without consent and intending to commit, or committing, a crime inside. Fourth degree (intent to commit a non-theft misdemeanor) carries up to 364 days and/or $3,000; third degree (intent to steal or commit a felony or gross misdemeanor) up to five years and/or $10,000; second degree (a dwelling, a bank, a pharmacy, or certain public or religious buildings, or having a burglary tool) up to ten years and/or $20,000; first degree (an occupied dwelling, being armed, or assaulting someone inside) up to 20 years and/or $35,000, with at least six months for an occupied dwelling. Simple robbery (taking property from a person using or threatening force) carries up to ten years and/or $20,000; second-degree aggravated robbery (implying a weapon) up to 15 years and/or $30,000; first-degree aggravated robbery (armed, or inflicting bodily harm) up to 20 years and/or $35,000. Minn. Stat. §§ 609.582, 609.24, 609.245 |
| Mississippi | Burglary of a dwelling (breaking and entering a home with intent to commit a crime inside) is punished by three to 25 years in Department of Corrections custody, and ten to 25 years when done in circumstances likely to terrorize someone actually in the house (§ 97-17-23). Breaking into a store, other building, vehicle, boat or similar place where valuables are kept, with intent to steal or commit a felony, is burglary punished by up to seven years (§ 97-17-33). Robbery, taking property from a person or in their presence by violence or by putting them in fear of immediate injury (§ 97-3-73), is punished by up to fifteen years (§ 97-3-75). Robbery by exhibiting a deadly weapon (armed robbery) is punished by life if the jury so fixes, otherwise by any term of not less than three years set by the court (§ 97-3-79). Miss. Code Ann. §§ 97-17-23, 97-17-33, 97-3-73, 97-3-75, 97-3-79 |
| Missouri | Burglary in the second degree is knowingly entering or remaining unlawfully in a building or inhabitable structure to commit a crime there, or unlawfully entering a motor vehicle to commit a felony or stealing; it is a class D felony (up to seven years), or a class C felony (three to ten years) for a car break-in where the person had or stole a firearm. Entering a marked or staff-only restricted area of a business to commit a crime is a class B misdemeanor (class A on a repeat). Burglary in the first degree, a class B felony (five to fifteen years), applies when the burglar or an accomplice is armed with explosives or a deadly weapon, causes or threatens immediate physical injury to a non-participant, or someone who is not a participant is present in the structure. Robbery is forcibly stealing property: second-degree robbery (causing physical injury in the course of it) is a class B felony, and first-degree robbery (causing serious physical injury, being armed with a deadly weapon, using or threatening a dangerous instrument, displaying what appears to be a deadly weapon, or stealing a controlled substance from a pharmacy) is a class A felony (ten to thirty years or life). RSMo §§ 569.160, 569.170 (effective 8/28/2025), 570.023, 570.025; § 558.011 |
| Montana | Burglary is knowingly entering or remaining unlawfully in an occupied structure with the purpose to commit an offense there, or committing another offense inside; it is a felony punishable by up to 20 years in state prison, a fine up to $50,000, or both. It becomes aggravated burglary, punishable by up to 40 years and a fine up to $50,000, when the burglar or an accomplice is armed with explosives or a weapon, or anyone is injured or an injury is attempted during the entry, the offense or the getaway. Robbery is, in the course of a theft, inflicting or threatening bodily injury, putting someone in fear of immediate bodily injury, or committing or threatening any felony other than theft; it is a felony punishable by 2 to 40 years in state prison and a fine of not more than $50,000. MCA §§ 45-6-204, 45-5-401 |
| Nebraska | Burglary is willfully, maliciously and forcibly breaking and entering any real estate or improvements on it with intent to commit a felony or to steal property of any value; it is a Class IIA felony, punishable by up to twenty years in prison, and Nebraska does not divide it into degrees. Robbery is taking money or property of any value from another person, with intent to steal, by force and violence or by putting the person in fear; it is a Class II felony, punishable by one to fifty years. Neb. Rev. Stat. §§ 28-507, 28-324, 28-105 |
| Nevada | Burglary is unlawfully entering or remaining in a place intending to commit larceny, assault or battery, or any felony, and its grade depends on the place: burglary of a motor vehicle is a category E felony for a first offense (category D for a repeat); burglary of a structure other than a dwelling or business is a category D felony; burglary of a business is a category C felony (1 to 5 years); and residential burglary is a category B felony punishable by 1 to 10 years. Any burglary in which the person has or gains a firearm or deadly weapon is a category B felony with 2 to 15 years and a fine up to $10,000. Robbery is unlawfully taking personal property from another person or in their presence, against their will, by force, violence or fear of injury to them, their family or anyone with them; it is a category B felony punishable by 2 to 15 years in state prison. NRS 205.060(1)-(2), (5); NRS 200.380; NRS 193.130 |
| New Hampshire | Burglary is entering or remaining unlawfully in a building or occupied structure (any structure, vehicle, boat or place adapted for overnight accommodation or for business), or a separately secured part of one, intending to commit a crime there; it does not apply to premises open to the public or where the person is allowed to be. It is a class B felony (up to seven years), but a class A felony (up to fifteen years) if done in another person's dwelling at night, or if the burglar is armed with a deadly weapon or explosives or purposely, knowingly or recklessly injures anyone during the crime or the getaway. Robbery is, in the course of a theft, using physical force on a person who is aware of it, or threatening or purposely putting someone in fear of immediate physical force; it is a class B felony, or a class A felony if the robber was actually armed with a deadly weapon, reasonably appeared to be armed, or inflicted or attempted to inflict death or serious injury. If the weapon is a firearm, sentencing follows RSA 651:2, II-g. RSA 635:1, 636:1; RSA 651:2 |
| New Jersey | Breaking into a building to commit a crime is burglary: entering or remaining in a structure or research facility without permission with purpose to commit an offense inside (§ 2C:18-2(a)). Burglary is a crime of the third degree (3 to 5 years), but a crime of the second degree (5 to 10 years) if, in the course of the offense, the person inflicts, attempts or threatens bodily injury on anyone, or is armed with or displays what appear to be explosives or a deadly weapon (§ 2C:18-2(b)). Robbery is theft by force or threat: in the course of a theft, inflicting bodily injury or using force, threatening or putting someone in fear of immediate bodily injury, or committing or threatening a first- or second-degree crime (§ 2C:15-1(a)). Robbery is a crime of the second degree, except that it is a crime of the first degree (between 10 and 20 years) if the robber attempts to kill anyone, purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of, a deadly weapon (§ 2C:15-1(b); § 2C:43-6(a)). N.J.S. 2C:18-2; N.J.S. 2C:15-1; N.J.S. 2C:43-6(a) |
| New Mexico | Burglary is entering a vehicle, watercraft, aircraft, dwelling or other structure without authorization intending to commit any felony or theft inside. Entering a dwelling house is a third degree felony (basic sentence three years, fine up to $5,000, § 31-18-15); entering any other vehicle or structure is a fourth degree felony (basic sentence eighteen months, fine up to $5,000, § 31-18-15) (§ 30-16-3). Aggravated burglary — being armed with a deadly weapon, arming oneself after entering, or committing a battery on anyone inside or while entering or leaving — is a second degree felony (basic sentence nine years, fine up to $10,000, § 31-18-15) (§ 30-16-4). Robbery is theft of anything of value from another person or their immediate control by use or threatened use of force or violence; it is a third degree felony, and robbery while armed with a deadly weapon is a second degree felony for the first offense and a first degree felony (basic sentence eighteen years, fine up to $15,000) for second and subsequent offenses (§ 30-16-2). NMSA 1978, §§ 30-16-2, 30-16-3, 30-16-4; § 31-18-15 |
| New York | Burglary is knowingly entering or remaining unlawfully in a building with intent to commit a crime there. Burglary in the third degree is a class D felony (up to 7 years); it becomes second degree, a class C felony (up to 15 years), when the building is a dwelling or the burglar is armed with explosives or a deadly weapon, injures a non-participant, uses or threatens a dangerous instrument, or displays what appears to be a firearm; and first degree, a class B felony (up to 25 years), when one of those weapon or injury factors occurs in a dwelling. Robbery is forcibly stealing property. Robbery in the third degree is a class D felony; second degree, a class C felony, applies when an accomplice is actually present, a non-participant is injured, what appears to be a firearm is displayed, or the property is a motor vehicle; first degree, a class B felony, applies when someone is seriously injured, the robber is armed with a deadly weapon, uses or threatens a dangerous instrument, or displays what appears to be a firearm. N.Y. Penal Law §§ 140.20, 140.25, 140.30, 160.05, 160.10, 160.15; § 70.00(2) |
| North Carolina | Burglary is breaking and entering another person's dwelling house or room used as a sleeping apartment with intent to commit a felony or larceny inside. It is first-degree burglary, a Class D felony, when someone is actually occupying the home at the time, and second-degree burglary, a Class G felony, when it is not occupied; possessing a firearm during the burglary raises the sentence one felony class. Breaking or entering any building with intent to commit a felony or larceny, or to terrorize or injure an occupant, is a Class H felony; wrongfully breaking or entering a building without that intent is a Class 1 misdemeanor. Robbery (taking property from a person by force or threat, defined by common law) is a Class G felony; robbery with a firearm or other dangerous weapon that endangers or threatens a person's life (armed robbery) is a Class D felony. N.C. Gen. Stat. §§ 14-51, 14-52, 14-54, 14-87(a), 14-87.1 |
| North Dakota | Burglary is willfully entering or secretly remaining in a building or occupied structure that is not open to the public, without permission, intending to commit a crime there. It is a class C felony (up to 5 years and $10,000), and a class B felony (up to 10 years and $20,000) when it is committed at night in another person's dwelling, or when the burglar injures or tries to injure or restrain someone, threatens serious injury, or is armed. Robbery is inflicting or attempting to inflict bodily injury on someone, or threatening imminent bodily injury, while committing a theft. Robbery is a class C felony; a class B felony if the robber has or pretends to have a dangerous weapon, threatens serious injury, injures someone, or has an accomplice present; and a class A felony (up to 20 years and $20,000) if the robber fires a gun, explodes or hurls a destructive device, or uses another dangerous weapon against someone. N.D.C.C. §§ 12.1-22-01, 12.1-22-02; § 12.1-32-01 |
| Ohio | Burglary is entering an occupied structure by force, stealth or deception with intent to commit a crime inside. It is a second-degree felony (2 to 8 years) when another person is present or (for a home) likely to be present, and a third-degree felony otherwise; trespassing in a home by force, stealth or deception when someone is present or likely to be present, without intent to commit a crime, is a fourth-degree felony. Aggravated burglary, a first-degree felony (3 to 11 years), is burglary where someone is present and the offender inflicts or threatens physical harm or has a deadly weapon. Robbery is committing a theft while having a deadly weapon, inflicting or threatening physical harm (both second-degree felonies), or using or threatening force (a third-degree felony). Aggravated robbery, a first-degree felony, is a theft in which the offender displays or uses a deadly weapon, has dangerous ordnance, or causes or tries to cause serious physical harm. R.C. 2911.11, 2911.12, 2911.01, 2911.02; 2929.14 |
| Oklahoma | Burglary (breaking into a building to commit a crime): first-degree burglary (breaking into an occupied home by force, while armed, or with an accomplice present) is a Class B1 felony punishable by seven (7) to twenty (20) years in prison; second-degree burglary (an unoccupied home, business or other structure, or a vending machine) is a Class C1 felony punishable by up to seven (7) years; third-degree burglary (breaking into or jacking up a car, truck, trailer or boat to steal property in or attached to it, such as a catalytic converter) is a Class D1 felony punishable by up to five (5) years and a fine of up to $5,000.00. Robbery (taking property from a person by force or fear): first-degree robbery (serious bodily injury, or threat of it) is a Class A2 felony with a minimum of ten (10) years; second-degree robbery is a Class B4 felony punishable by up to ten (10) years; armed robbery (with a firearm, imitation firearm or other dangerous weapon) is a Class A2 felony punishable by five (5) years to life. 21 O.S. §§ 1431, 1435, 1436, 791, 797, 798, 799, 801 |
| Oregon | Burglary in the second degree is entering or remaining unlawfully in a building with intent to commit a crime there; it is a Class C felony (up to 5 years, $125,000). It is burglary in the first degree, a Class A felony (up to 20 years, $375,000), when the building is a dwelling, or when during entry, inside, or in immediate flight the person is armed with a burglary tool, theft device or deadly weapon, causes or attempts to cause physical injury, or uses or threatens to use a dangerous weapon. Robbery in the third degree is using or threatening the immediate use of physical force while committing or attempting a theft (or unauthorized use of a vehicle); it is a Class C felony. Robbery in the second degree (pretending to be armed, or being aided by another person actually present) is a Class B felony (up to 10 years), and robbery in the first degree (armed with a deadly weapon, using or attempting to use a dangerous weapon, or causing or attempting to cause serious physical injury) is a Class A felony (up to 20 years). ORS 164.215, 164.225, 164.395, 164.405, 164.415; 161.605, 161.625 |
| Pennsylvania | Burglary is entering a building or occupied structure with intent to commit a crime there; it is a felony of the first degree (up to 20 years and $25,000), except that entering a structure not adapted for overnight accommodation when no one is present is a felony of the second degree (up to 10 years). Robbery is committing a theft while using or threatening force. It is a felony of the first degree when the robber inflicts serious bodily injury, threatens or intentionally puts someone in fear of immediate serious bodily injury, or commits or threatens to commit a first- or second-degree felony; a felony of the second degree when the robber inflicts or threatens bodily injury, or takes money from a financial institution without permission; and a felony of the third degree (up to seven years) when the robber takes property from a person by force however slight. Burglary or robbery aimed at a controlled substance is graded a felony of the first degree. 18 Pa.C.S. §§ 3502(a), (c), 3701(a)(1), (b); 1101, 1103 |
| Rhode Island | Burglary (the statute does not define it) is punishable by life or any term not less than five (5) years. Breaking and entering a dwelling house or apartment at any time of day or night without the owner's or tenant's consent is punishable by not less than two (2) and not more than ten (10) years for a first conviction (four to fifteen years for a later conviction) and/or a fine up to $10,000, plus mandatory restitution; a repeat offender who breaks into a home while residents are there faces one to ten years with no suspended sentence or probation. Breaking and entering a business, public building or ship intending to commit murder, sexual assault, robbery or larceny is punishable by up to ten (10) years. Robbery by force or threat with no weapon, no injury and no elderly or severely impaired victim is second degree robbery, punishable by five (5) to thirty (30) years or a fine up to $10,000; robbery with a dangerous weapon, where a victim is injured, or where the victim is elderly or severely impaired is first degree robbery, punishable by not less than ten (10) years and up to life, or a fine up to $15,000. R.I. Gen. Laws §§ 11-8-1, 11-8-2, 11-8-2.2, 11-8-4, 11-39-1 |
| South Carolina | Burglary in the third degree (entering a building without consent intending to commit a crime) is a felony punishable by up to five years for a first offense. Burglary in the second degree is entering a dwelling without consent intending to commit a crime (up to ten years), or entering a building with an aggravating factor such as being armed or causing injury (up to fifteen years). Burglary in the first degree (entering a dwelling with an aggravating factor such as being armed, causing injury, two or more prior burglary convictions, or entry at night) is a felony punishable by life imprisonment or, at the court's discretion, not less than fifteen years. Common law robbery is a felony punishable by up to fifteen years. Armed robbery carries a mandatory minimum of ten years and up to thirty years, with no suspension or probation and no parole until seven years are served; attempted armed robbery carries up to twenty years. S.C. Code §§ 16-11-311, 16-11-312, 16-11-313, 16-11-325, 16-11-330 |
| South Dakota | Burglary is entering or remaining in a structure, not open to the public and without permission, intending to commit any crime there. Third degree burglary (an unoccupied structure other than a motor vehicle) is a Class 5 felony (up to five years); second degree burglary (an occupied structure) is a Class 3 felony (up to fifteen years); first degree burglary (an occupied structure where the offender causes, attempts or threatens physical harm, is armed with a dangerous weapon, or the offense occurs at night) is a Class 2 felony (up to twenty-five years). Robbery is intentionally taking personal property, regardless of value, from another person or their immediate presence against their will by force or fear of force. Robbery with a dangerous weapon or an object simulating one is first degree robbery, a Class 2 felony (up to twenty-five years); robbery accomplished in any other manner is second degree robbery, a Class 4 felony (up to ten years). SDCL 22-32-1, 22-32-3, 22-32-8, 22-30-1, 22-30-6, 22-30-7; 22-6-1 |
| Tennessee | Burglary is entering a building other than a habitation (or a part not open to the public) without the owner's consent with intent to commit a felony, theft or assault, hiding in a building with that intent, or entering and committing or attempting one of those crimes; it is a Class D felony (2 to 12 years). Burglary of a habitation is aggravated burglary, a Class C felony (3 to 15 years). Breaking into a car, truck, boat, airplane or other motor vehicle to commit a felony, theft or assault is burglary under § 39-13-1002(a)(4); the code text read was a Class E felony, but Public Chapter 930 of 2026 raised it to a Class D felony effective July 1, 2026. Robbery (intentionally or knowingly taking property from a person by violence or putting the person in fear) is a Class C felony; aggravated robbery (with a deadly weapon or something displayed to look like one, or causing serious bodily injury) is a Class B felony (8 to 30 years); and especially aggravated robbery (deadly weapon and serious bodily injury) is a Class A felony (15 to 60 years). Tenn. Code Ann. §§ 39-13-1002, 39-13-1003, 39-13-401, 39-13-402, 39-13-403, 40-35-111(b); 2026 Tenn. Pub. Acts ch. 930 |
| Texas | Burglary is entering a home, or a building not then open to the public, without the owner's consent with intent to commit a felony, theft or assault (or hiding inside with that intent, or entering and committing one). Burglary of a building other than a home is a state jail felony (180 days to 2 years); burglary of a habitation is a second-degree felony (2 to 20 years), and a first-degree felony if the intended or committed crime is a felony other than felony theft. Breaking into a vehicle is a separate Class A misdemeanor (state jail felony with two prior convictions). Robbery is causing bodily injury, or threatening or placing someone in fear of imminent injury or death, while committing theft; it is a second-degree felony. Aggravated robbery, causing serious bodily injury, using or exhibiting a deadly weapon, or robbing someone 65 or older or disabled, is a first-degree felony (5 to 99 years or life). Tex. Penal Code §§ 30.02(a), (c), (d); 30.04; 29.02; 29.03; 12.32-12.35 |
| Utah | Burglary is entering or staying unlawfully in a building with intent to commit a felony, theft, assault, or certain sex or voyeurism offenses; it is a third degree felony (up to five years), and a second degree felony (1 to 15 years) in a dwelling. Aggravated burglary, causing injury, using or threatening a dangerous weapon, or possessing an explosive or dangerous weapon during the burglary, is a first degree felony (5 years to life). Breaking into a vehicle to commit a felony or theft is a class A misdemeanor. Robbery, taking property from a person by force or fear or using force during a theft, is a second degree felony; aggravated robbery, using or threatening a dangerous weapon, causing serious bodily injury, or taking a motor vehicle, is a first degree felony. Utah Code §§ 76-6-202, 76-6-203, 76-6-204, 76-6-301, 76-6-302, 76-3-203 |
| Vermont | Burglary is entering a building or structure knowing you are not allowed to, intending to commit a felony, petit larceny, simple assault or unlawful mischief (or hiding inside after closing with that intent). It is punishable by up to 15 years and a $1,000 fine; up to 20 years and $10,000 if the person carried a dangerous or deadly weapon; up to 25 years for burglary of an occupied dwelling (any home, whether or not someone is there); and up to 30 years and $10,000 for an occupied dwelling with a weapon. Robbery (assault and robbery) is assaulting someone and taking money or property from them or in their presence, punishable by up to 10 years; up to 15 years (at least one year) if armed with a dangerous weapon, and up to 20 years (at least one year) if the robber causes bodily injury. 13 V.S.A. §§ 1201, 608 |
| Virginia | Burglary is breaking and entering someone's dwelling at night with intent to commit a felony or larceny; it is a Class 3 felony (5 to 20 years), or a Class 2 felony (life or 20 years or more) if the person was armed with a deadly weapon when entering. Statutory burglary covers other entries (daytime break-ins, entering and hiding, or entering other buildings, ships, railroad cars or dwelling vehicles): entering with intent to commit murder, rape, robbery or arson is a Class 3 felony, and entering with intent to commit larceny, assault and battery or another felony is punishable by 1 to 20 years in prison or, at the jury's or judge's discretion, up to 12 months in jail and/or a $2,500 fine; either becomes a Class 2 felony if the person was armed with a deadly weapon. Robbery (taking property from a person by force or threat) is graded by how it is done: Class 6 felony by threat or intimidation without a deadly weapon (1 to 5 years); Class 5 felony with physical force not causing serious injury, or with a non-firearm deadly weapon (1 to 10 years); Class 3 felony when a firearm is used or displayed (5 to 20 years); Class 2 felony when it causes serious bodily injury or death. Va. Code §§ 18.2-89, 18.2-90, 18.2-91, 18.2-58, 18.2-10 |
| Washington | Burglary is entering or staying unlawfully in a building with intent to commit a crime inside. Second-degree burglary (a building other than a vehicle or dwelling) is a class B felony (up to 10 years and $20,000), and residential burglary (a dwelling) is also a class B felony but is treated as more serious for sentencing. First-degree burglary, a class A felony (up to life and $50,000), applies when the burglar or an accomplice is armed with a deadly weapon or assaults someone during the entry, inside, or in immediate flight. Robbery (taking property from a person by force or threat) is second-degree robbery, a class B felony; it is first-degree robbery, a class A felony, when the robber is armed with a deadly weapon, displays what appears to be a firearm or deadly weapon, inflicts bodily injury, or robs a financial institution. RCW 9A.52.020, 9A.52.025, 9A.52.030, 9A.56.200, 9A.56.210, 9A.20.021 |
| West Virginia | Burglary (breaking into, or entering without breaking, a home or adjoining outbuilding to commit a crime) is a felony punishable by 1 to 15 years in prison. Breaking into or entering a building other than a dwelling with intent to commit a felony or larceny is a felony punishable by 1 to 10 years. Robbery (taking property by force or threat) is graded by degree: first-degree robbery, involving physical violence (such as choking or beating) or the threat of deadly force by showing a gun or other deadly weapon, carries at least 10 years in prison with no stated maximum; second-degree robbery, putting the victim in fear of bodily injury by other means or using a disabling chemical or shock device, carries 5 to 18 years. Attempts are covered by the same subsections. W. Va. Code §§ 61-3-11(a), 61-3-12, 61-2-12(a)-(b) |
| Wisconsin | Burglary is intentionally entering a building, dwelling, enclosed railroad car, ship, locked truck cargo area, motor home or a room within one without consent and with intent to steal or commit a felony or battery; it is a Class F felony (up to 12 years 6 months and/or $25,000). It is a Class E felony (up to 15 years and/or $50,000) if the burglar is or becomes armed with a dangerous weapon, uses explosives on a safe, commits a battery on someone inside, or enters a dwelling, boat or motor home while another person is lawfully present. Robbery is taking property from a person or their presence with intent to steal by using force or threatening imminent force; it is a Class E felony. Armed robbery (using or threatening a dangerous weapon or something made to look like one) is a Class C felony (up to 40 years and/or $100,000). Wis. Stat. §§ 943.10(1m), (2); 943.32(1)-(2); 939.50(3) |
| Wyoming | Burglary is entering or remaining without authority in a building, occupied structure or vehicle with intent to commit theft or a felony inside; it is a felony punishable by up to ten (10) years in prison, a fine up to $10,000, or both. Aggravated burglary, punishable by five (5) to twenty-five (25) years and a fine up to $50,000, applies when the burglar is armed with or uses a deadly weapon or simulated deadly weapon, or inflicts or attempts to inflict bodily injury. Robbery is inflicting bodily injury, or threatening or putting someone in fear of immediate bodily injury, while committing theft; it is a felony punishable by up to ten (10) years. Aggravated robbery, punishable by five (5) to twenty-five (25) years, applies when the robber intentionally inflicts or attempts to inflict serious bodily injury, or uses or exhibits a deadly or simulated deadly weapon. W.S. 6-3-301, 6-2-401 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.