Burglary, Home Invasions, and Criminal Trespass in Alabama

Alabama's burglary and criminal trespass laws aim to protect people and property. Both crimes relate to unlawful entries onto someone's property. But burglary comes with harsher penalties because this offense carries a greater risk of harm to persons.

This article will review how Alabama law defines and punishes burglaries and criminal trespass.

Understanding Alabama's Burglary Laws

Traditionally, burglary was defined as breaking and entering into a home at night with the intent to commit a felony. But modern burglary laws apply to unlawful entry into any building (not just homes), don't require actual "breaking" into a building (unlawfully entering through an open window or door suffices), and don't require that the crime occur at night.

In Alabama, a person commits burglary by:

• unlawfully entering or remaining
• in a building or dwelling
• with the intent of committing a crime.

A prosecutor must prove all three elements for a conviction.

Unlawfully Entering or Remaining

A person unlawfully enters or remains in a building when they don't have a right to be there. This could be a person breaking or sneaking into another's garage, someone pretending to be a repair person to get into a home, or someone lifting an open window and slipping inside a store. A person can also commit burglary by remaining in a place after being told to leave or their permission to be there is revoked. Hiding in a closet after a party host tells everyone to leave would fall under this category, as would someone who refuses to leave a store at closing time.

Building or Dwelling

Burglary laws apply to an unlawful entry of a building or dwelling (as opposed to open land). Buildings are any structures used for business, public use, lodging, or the storage of goods. This can be an office building, mall, hotel, house, school, storage shed, garage, place of worship, or even a vehicle or boat used for lodging or business.

As in most states, Alabama law punishes home invasion—burglary of a "dwelling"—more severely than burglaries of other buildings. The law defines a "dwelling" as any building (or part of a building) or vehicle that is used or normally used for sleeping, living, or lodging. Examples of dwellings include houses, apartments, college dorms, recreational vehicles (RVs), and hotel rooms.

Intent to Commit a Crime

The last element of burglary requires the prosecutor to prove the defendant entered or remained in the building with the intent of committing a crime. Most people associate burglary with intent to commit theft, but the definition is much broader. The intended crime could be theft, assault, sexual assault, harassment, vandalism, or property damage (just to name a few). And with one exception in Alabama's third-degree burglary crime, burglary requires only intent to commit the crime, not completion of the crime.

(Ala. Code §§ 13A-7-1; 13A-7-5 to 13A-7-8 (2024).)

Is Burglary a Felony in Alabama?

Yes. Alabama divides burglary offenses into three degrees—all of which are felonies. Offenses carrying the greatest risk of harm to life (armed home invasions) have the harshest penalties, whereas offenses involving primarily risk of harm to property (entering an unoccupied building) have the least severe penalties.

(Ala. Code §§ 13A-5-6, 13A-5-11 (2024).)

What Are the Penalties for Burglary in Alabama?

Burglary charges carry sentences anywhere from a year to life in prison.

First-Degree Burglary Penalties

First-degree burglary carries the harshest penalties out of the three degrees. It covers armed home invasions.

The circumstances involved in a first-degree burglary include unlawfully entering or remaining in a dwelling (occupied or not) with intent to commit a crime, and the defendant:

• is armed with explosives, a deadly weapon, or a dangerous instrument
• injures any person (other than someone involved in the crime), or
• uses or threatens to use a deadly weapon or dangerous instrument during entry, while inside, or during escape.

A person convicted of first-degree burglary commits a class A felony, punishable by a minimum of 10 years and up to life in prison and a fine up to $60,000.

(Ala. Code § 13A-7-5 (2024).)

Penalties for Second-Degree Burglary

A person commits second-degree burglary by unlawfully:

• entering a lawfully occupied dwelling intending to commit a theft or a felony, or
• entering or remaining in a building intending to commit a theft or felony under the circumstances outlined in first-degree burglary (was armed, caused injuries, or threatened to use a weapon).

Second-degree burglary is a class B felony. A person convicted of a class B felony faces 2 to 20 years in prison and a $30,000 fine.

(Ala. Code § 13A-7-6 (2024).)

Penalties for Third-Degree Burglary

A person can face third-degree burglary charges—a class C felony—by unlawfully entering or remaining in:

• a dwelling with the intent to commit any crime
• an occupied or unoccupied building with the intent to commit any crime, or
• a dwelling and intentionally causing $1,000 or more in damage.

A class C felony carries a penalty of 366 days to 10 years in prison, as well as a fine of up to $15,000.

(Ala. Code § 13A-7-7 (2024).)

Is It a Crime in Alabama to Be Found in Possession of Burglar's Tools?

Yes. Alabama makes it a crime to possess any tools or instruments that are designed or commonly used to commit a burglary or theft, when the person intends to use the tools for that illegal purpose. For example, a person who possesses bolt cutters and intends to use them to break into a locked shed to steal a car could be convicted of possession of burglar tools. However, a locksmith who possesses tools to pick an apartment lock with the permission of the (locked out) homeowner isn't committing a crime. Possession of burglar's tools is a class C felony.

(Ala. Code § 13A-7-8 (2024).)

How Is Criminal Trespass Different From Burglary in Alabama?

A person commits criminal trespass by unlawfully entering or remaining on another's premises without permission. Criminal trespass differs from burglary in a few ways. Trespassing involves more property than burglary. Burglary involves buildings, structures, and sometimes vehicles, whereas trespass may involve these structures plus real property and land. Also, a prosecutor does not need to prove intent to commit a crime for trespass charges. The unlawful entry or remaining on the property completes the offense.

What Are the Penalties for Criminal Trespass in Alabama?

Alabama has three degrees of criminal trespass with increasing penalties depending on where the trespass occurred. Although not discussed in detail here, trespass onto a school bus or critical infrastructure facility carries separate, harsher penalties.

First-degree. Criminal trespass that involves unlawfully entering or remaining in a dwelling or any premises where medical marijuana is grown or processed is a first-degree offense. This offense carries class A misdemeanor penalties, punishable by not more than one year in jail and a fine of up to $6,000.

Second-degree. Second-degree charges apply if a person unlawfully enters or remains in a building or on real property that's fenced or enclosed. This offense can result in a class C misdemeanor conviction, with penalties of up to three months in jail and a $500 fine.

Third-degree. Third-degree criminal trespass involves unlawfully being on premises (real property or land) not covered by first- or second-degree trespass. This offense is a violation, punishable by up to 30 days of jail time and a $200 fine.

(Ala. Code §§ 13A-7-2, 13A-7-3, 13A-7-4 (2024).)

Obtaining Legal Assistance

If you're charged with burglary or trespass, talk to an Alabama criminal defense attorney. An attorney can protect your rights, help you navigate the criminal system, and understand the consequences of a plea deal or criminal record. If you can't afford an attorney, ask the court for a public defender.