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James A. SaraceniAttorney at Law · Norwalk, Connecticut Call (203) 853-2700

Burglary defense

A burglary charge in Connecticut is about two things the State has to prove: that a person entered or remained in a building unlawfully, and that they meant to commit a crime inside. The office defends burglary and related charges from an attorney who spent 27 years as a Norwalk police officer.

Downtown Norwalk and the harbor from the air
Downtown Norwalk and the harbor from the air.

Connecticut divides burglary into three degrees, and treats home invasion as its own, more serious charge. The degree depends on what the building is and who was inside: third degree (section 53a-103) is any building; second degree (section 53a-102) is a dwelling with someone actually present; first degree (section 53a-101) adds being armed, causing or attempting injury, or entering a dwelling at night. All three are felonies, class D, C and B in that order, and home invasion (section 53a-100aa) is a class A felony.

Burglary cases are usually built on circumstantial evidence: surveillance video, a witness who saw someone nearby, a fingerprint or a stolen item found later. The State has to connect the person to the entry and to the intent. Attorney Saraceni read cases like this from the police side for 27 years and looks for the gaps: how the person was identified, how the evidence was collected and whether the stop and the search were lawful.

What the office handles

  • Burglary in the third degreeEntering or remaining unlawfully in a building with intent to commit a crime inside. A class D felony.
  • Burglary in the second degreeThe same, in a dwelling while someone who is not taking part in the crime is actually there. A class C felony.
  • Burglary in the first degreeAdds being armed, causing or attempting bodily injury, or entering a dwelling at night. A class B felony, and part of the sentence cannot be suspended when the person was armed.
  • Home invasionEntering a dwelling with someone inside, with intent to commit a crime, and committing or attempting a felony against a person or being armed. A class A felony.
  • Criminal trespassEntering or remaining unlawfully without the intent to commit a crime. The first degree is a class A misdemeanor. Sometimes the charge a case is resolved as when the evidence of intent is thin.
  • Related chargesLarceny, criminal mischief and conspiracy often come with a burglary arrest.

How a case starts

  1. Call(203) 853-2700. Say whether someone is being held and when the court date is.
  2. Free consultationThe first 30 minutes are free, in the office on Mott Avenue or by phone, by appointment. Bring the paper you were given at booking.
  3. The fileThe police report, the warrant, any surveillance video, forensic reports and witness statements. Attorney Saraceni reviews the State's case before advising on a plea or a trial.
  4. CourtHe appears with you in Stamford, Bridgeport, Danbury, Torrington or New Haven Superior Court.

Questions people ask first

What is the difference between burglary and trespass?

Burglary requires that the person entered or remained unlawfully with the intent to commit a crime inside. Criminal trespass does not require that intent. When the intent is hard to prove, a burglary charge can sometimes become a trespass charge.

What does the State have to prove?

That the person was the one who entered or remained, that it was unlawful, and that the person meant to commit a crime inside. Identification and intent are where many cases are contested.

Does burglary always mean a prison sentence?

No one can promise an outcome. The sentence exposure depends on the degree charged and the record, and cases end in different ways. That is worth a first call.

What if I was only at the property and did not take anything?

Taking something is not required for a burglary charge. What matters is the unlawful entry and the intent. The facts decide how the case is charged.

Prior results do not guarantee a similar outcome. Every case turns on its own facts. Nothing on this site is legal advice, and contacting the office does not create an attorney-client relationship.

Other practice areas

Talk to the office before you talk to anyone else.

The first 30 minutes are free. Call, or tell us about your case and the office will call you.

(203) 853-2700
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Office9 Mott Avenue, Suite 307, Norwalk, CT 06850By appointment. In person or by phone.
ConsultationThe first 30 minutes are free.
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