How serious is a robbery or burglary charge in Pennsylvania?

Last updated October 4, 2026.

Both are felonies in Pennsylvania, and both can be first-degree felonies carrying up to 20 years and a $25,000 fine. Robbery ranges from a third-degree felony, when property is taken from a person by force however slight, to a first-degree felony, when there is serious bodily injury or a threat of it. Burglary is a first-degree felony in most cases; it is a second-degree felony only when the building is not adapted for overnight accommodation and no one is present.

The exact subsection matters, because it also decides whether the charge counts as a "crime of violence" for repeat-offender sentencing. Here is how the statutes sort the cases. Our robbery, burglary and theft defense page covers how we approach these charges in Delaware County. Our criminal defense page explains the court process.

How does a robbery or burglary case move, step by step?

1. Arrest and bail. These are felony charges, so the mandatory release rule for lower-level arrests does not apply and a judge decides bail at the preliminary arraignment; see how bail works in Pennsylvania.
2. The preliminary hearing. The Commonwealth must show a prima facie case for each subsection charged, and a judge who finds evidence only of a lesser offense may hold the case on that offense; see what happens at a preliminary hearing.
3. Formal arraignment and motions. Held charges go to the Court of Common Pleas, and pretrial motions follow; in Delaware County this happens at the Courthouse in Media, described in what to expect at the Delaware County Courthouse.
4. Plea or trial. The grade of any conviction sets the maximum.
5. Notice of the repeat-offender statute. When 42 Pa.C.S. 9714 may apply, the Commonwealth must give reasonable notice after conviction and before sentencing, and the court must have a complete record of the prior convictions, which the defendant can contest (9714(d)).
6. Sentencing. The judge sets a minimum and maximum; the minimum may not exceed half the maximum (42 Pa.C.S. 9756(b)).

How is robbery graded?

Robbery is a theft combined with force, injury or a threat, or, for a bank, a demand for its money. Under 18 Pa.C.S. 3701, an act counts as "in the course of committing a theft" if it happens during an attempted theft or in flight afterward, so the theft does not have to succeed.

Two special rules raise the grade. If the object of the robbery is a controlled substance or designer drug, it is a first-degree felony at any level (3701(b)(2)). Taking a motor vehicle from a person in their presence is robbery of a motor vehicle, a separate first-degree felony with a sentencing enhancement (18 Pa.C.S. 3702).

How is burglary graded?

Burglary means entering a building or occupied structure, or a separately secured part of one, with the intent to commit a crime inside (18 Pa.C.S. 3502(a)). The grade turns on two questions: was the place adapted for overnight accommodation, and was anyone there?

A "bodily injury crime" includes offenses under the homicide, assault, kidnapping, sexual offense, arson, robbery and witness intimidation provisions, and violations of protective orders issued for domestic violence (3502(e)).

What defenses does the burglary statute itself list?

Section 3502(b) makes it a defense that the building or structure was abandoned, that the premises were open to the public, or that the person was licensed or privileged to enter. Intent at the moment of entry is also an element: entering without intent to commit a crime inside is not burglary, though it may still be criminal trespass.

Criminal trespass under 18 Pa.C.S. 3503(a) covers entering, gaining entry by subterfuge or secretly remaining in a building while knowing you are not allowed to (a third-degree felony), and breaking into one (a second-degree felony). The trespass statute also lists defenses, including a reasonable belief that the owner would have allowed you to enter or remain.

Can I be sentenced for burglary and the crime I meant to commit?

Usually not both. Under 3502(d), a person may not be sentenced for both burglary and the offense they intended to commit inside, or an attempt at it, unless that additional offense is a first or second-degree felony.

What sentences are possible?

The maximum is 20 years for a first-degree felony, 10 years for a second-degree felony and 7 years for a third-degree felony, with fines up to $25,000, $25,000 and $15,000 (18 Pa.C.S. 1103 and 1101). See our Pennsylvania criminal penalties chart for every grade.

The repeat-offender statute changes the picture. Robbery under 3701(a)(1)(i), (ii) or (iii), robbery of a motor vehicle, and burglary under 3502(a)(1) are listed as "crimes of violence" in 42 Pa.C.S. 9714. A person convicted of a crime of violence who already had such a conviction faces a mandatory minimum of 10 years of total confinement; with two or more prior convictions from separate transactions, the minimum is 25 years, and the maximum is set at twice the minimum.

Are robbery or burglary eligible for ARD in Delaware County?

Generally not. The Delaware County District Attorney's September 2026 ARD application lists robbery, arson and residential burglary among the circumstances that make a non-DUI defendant ineligible, along with cases in which a firearm was used or possessed or someone was killed or seriously injured, and thefts over $10,000. The DA says the list is a general policy guideline and that every application is reviewed on its own merits. Thefts below these levels are graded by value; see how the value of property changes a theft charge. The county's other programs are compared in diversion programs for non-DUI charges in Delaware County.

What changes the answer?

• The level of injury or threat. Serious bodily injury, or a threat of it, makes robbery a first-degree felony; bodily injury or a threat of it, a second-degree felony; force however slight, a third-degree felony (3701(a)(1)). The statute grades by injury, threat and force; it does not list a weapon as its own grading factor.
• Whether the theft succeeded. It does not need to: acts during an attempt or in flight afterward count (3701(a)(2)).
• The kind of building and who was there. Overnight accommodation or a person present makes burglary a first-degree felony (3502(c)).
• Intent at the moment of entry. Without intent to commit a crime inside, the case may be criminal trespass instead (3503).
• The object. A controlled substance as the object raises robbery to F1 and some burglaries to F1.
• Prior crimes of violence. Only the subsections listed in 9714, such as robbery under 3701(a)(1)(i) to (iii) and burglary under 3502(a)(1), trigger the 10-year and 25-year minimums for repeat offenders.

For example: the same garage, three different charges

Here is a hypothetical. A man walks into a detached garage behind a house in Haverford Township intending to take tools. Nobody is in the garage, and it is not set up for anyone to sleep in. That fits burglary under 3502(a)(4), a second-degree felony, which is not on the 9714 list of crimes of violence.

Change one fact: the homeowner is in the garage when he walks in. Now it is 3502(a)(3), a first-degree felony. Change another: he did not intend to take anything and was looking for shelter from the rain. Without intent to commit a crime inside, it is not burglary at all, though it may be criminal trespass. And if he grabs a tool and shoves the homeowner aside while running out, a robbery charge can follow, because force in flight after a theft counts. This example is only an illustration; every case depends on its own facts.

What mistakes do people make with these charges?

• Assuming nothing was taken, so it is not robbery. An attempted theft with force or a threat can be robbery.
• Assuming burglary means breaking in. Entering with intent to commit a crime is enough; breaking in is what raises criminal trespass to an F2.
• Overlooking the subsection. It decides the grade and whether 9714 can apply.
• Ignoring old convictions. A prior crime of violence can change the minimum completely.
• Talking to police or the complainant about the case. Statements about intent at the time of entry are often the central evidence.
• Counting on ARD. Delaware County's guidelines list robbery and residential burglary as ineligible.

What should I do this week?

1. Find the complaint and note the exact subsection of each charge.
2. Write down the facts about the building, who was present and what was said or done.
3. List any earlier convictions, especially any violent offense.
4. Follow every bail condition, especially any no-contact order.
5. Keep any records that show permission to enter or ownership of property.
6. Talk with a lawyer before the preliminary hearing; the process is laid out in what happens after an arrest in Delaware County.

Frequently asked questions

Can a shoplifting case turn into a robbery charge?

It can. If force, however slight, is used to take property from a person in the course of a theft, including in flight afterward, the charge can be robbery under 3701(a)(1)(v). Shoplifting itself is covered in whether retail theft is a felony in Pennsylvania.

What is the difference between burglary and criminal trespass?

Burglary requires the intent to commit a crime inside at the time of entry. Criminal trespass covers entering or secretly remaining where you know you are not allowed, a third-degree felony, or breaking in, a second-degree felony (3503(a)).

Can a robbery charge be held as a lesser offense?

At the preliminary hearing, a judge who finds evidence only of a lesser offense of the one charged may hold the case on that offense (Pa.R.Crim.P. 543, comment). Later changes come by agreement with the District Attorney or at trial.

Does the repeat-offender minimum apply on a first conviction?

No. The 10-year minimum in 9714 applies when the person already had a conviction for a crime of violence at the time of the new offense, and the 25-year minimum with two or more such prior convictions from separate transactions.

Which assault charges count as bodily injury crimes?

The burglary statute's list includes the assault provisions of the Crimes Code, among others (3502(e)). How assault itself is graded is explained on our assault defense page.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about a robbery or burglary charge.