Burglary and Home Invasions in Arkansas

Arkansas law prohibits burglary of homes and commercial buildings, breaking or entering structures or vehicles, and criminal trespass onto another's property. Home invasion burglary, in particular, carries very stiff penalties.

Residential and Commercial Burglary Crimes in Arkansas

A person in Arkansas commits the crime of burglary by unlawfully entering or remaining in a residence or commercial building with the intent to commit a crime while inside. Most often, people think of theft as the intended crime during a burglary, but it can be any crime—assault, rape, property damage, or harassment to name a few.

The crime of burglary is complete as soon as the offender unlawfully enters (or remains in) a building with the prohibited intent—the person doesn't need to complete the intended crime to be guilty of burglary. So a person who breaks into a store to steal the money out of the cash register, but runs away before taking anything, has still committed burglary. If the person does commit theft or some other crime inside the building, prosecutors can file additional charges.

Penalties for Residential Burglary

Penalties for residential burglary start as a class B felony, punishable by 5 to 20 years' incarceration and a $15,000 fine. A residence includes any occupiable structure, building, or vehicle that a person lives in or that can be used for overnight accommodations. For example, an apartment or dorm is a residence, as is a camper or houseboat. This crime is committed whether or not a person is home at the time of the offense.

If a person is home at the time of the burglary, the crime becomes aggravated residential burglary—a class A felony. Class A felonies are punishable by 6 to 30 years in prison and a $15,000 fine. Even harsher penalties apply if the offender:

• enters the residence armed with a deadly weapon or suggests by word or conduct that they're armed, or
• causes or attempts to cause serious physical injury or death to another person.

An armed or violent home invasion is a class Y felony, which can result in a prison term of 10 to 40 years or life.

Penalties for Commercial Burglary

Arkansas makes commercial burglary a class C felony punishable by 3 to 10 years in prison and a fine of up to $10,000. Commercial buildings include not only offices, stores, and any place where people engage in business but also schools, government buildings, entertainment venues, places of worship, and public transit facilities. Burglarizing a pharmacy can result in an enhanced penalty—an additional 5-year prison term tacked onto any sentence the judge imposes.

(Ark. Code §§ 5-4-201, 5-4-401, 5-39-101, 5-39-201, 5-39-204 (2024).)

Breaking or Entering Crimes in Arkansas

Arkansas also prohibits breaking or entering into any building or container that normally houses items of value.

A person commits this crime by breaking or entering, with the intent to commit theft or a felony, into a:

• building, structure, or vehicle, or
• vault, safe, cash register, safety deposit box, vending machine, fare box, or any similar equipment.

For example, breaking and entering charges could be filed against a person who breaks into cars to steal electronics or breaks into a parking meter to steal change.

The crime of breaking or entering involves entering a building where people are not likely to be. For this reason, it's punished less severely than burglary. Breaking and entering constitutes a class D felony, with a maximum sentence of 6 years in prison and a fine of $10,000.

(Ark. Code §§ 5-4-201, 5-4-401, 5-39-202 (2024).)

Criminal Trespass Offenses in Arkansas

A person commits criminal trespass by entering or remaining on a property (or a vehicle) without permission from the owner. Trespass does not require intent to commit a crime, making it a less serious offense than burglary or breaking or entering.

Penalties for criminal trespass range from a class C misdemeanor to a class D felony.

Class D felony. The harshest penalty applies to trespassing on critical infrastructures (such as public utility plants, oil/gas processing plants, and water treatment plants) or when the offender has two prior class A misdemeanor convictions for trespass. A class D felony carries a possible 6-year prison sentence and a $10,000 fine.

Class A misdemeanor. A person can face class A misdemeanor penalties for a repeat trespassing conviction or for trespassing while carrying a knife, firearm, weapon, or bolt or wire cutter. The law also prohibits trespassing while in possession of a harvesting device, device used to locate artifacts, or a fishing pole or net on a commercial fishery. A conviction for a class A misdemeanor can mean up to a year in jail and a $2,500 fine.

Class B misdemeanor. A person commits a class B misdemeanor by trespassing onto any property or vehicle that could be occupied. This penalty also applies if a person removes any signs or fencing when trespassing. Class B misdemeanors can be punished by up to 90 days in jail and a fine of up to $1,000.

Class C misdemeanor. If no aggravating circumstances are involved, the crime is a class C misdemeanor. A person convicted of a class C misdemeanor faces up to 30 days in jail and a fine of up to $500.

Persons who are conducting legitimate business or welfare checks are not considered to be trespassing. A defendant who enters another's property solely to retrieve a pet or livestock can also defend against trespassing charges (but might be liable for any property damage).

(Ark. Code §§ 5-4-201, 5-4-401, 5-39-203 (2024).)

Obtaining Legal Assistance

If you're charged with burglary, breaking or entering, or criminal trespass under Arkansas law, talk to an experienced local criminal defense attorney. An attorney can explain how your case is likely to fare in court, depending on the law and the facts. An attorney can help you protect your rights and obtain the best possible outcome in your case. If you can't afford an attorney, ask for a public defender.