Yes, you can go to jail for breaking and entering, and in serious cases you can go to state prison for years. A misdemeanor conviction generally carries up to a year in county jail. A felony can bring anywhere from about a year to 15 or 25 years behind bars, depending on the state and the circumstances. Where a specific case lands inside that range turns on what was entered, whether anyone was inside, whether a weapon was involved, and the defendant’s prior record.
Misdemeanor or Felony: The Line That Decides Jail vs. Prison
The single biggest factor in how much time someone faces is whether the charge is filed as a misdemeanor or a felony. The facts of the entry drive that decision.
Breaking and entering is more likely to stay a misdemeanor when the person entered without any intent to commit an additional crime inside. Slipping into an abandoned building out of curiosity sits at the low end of the severity scale, and many states treat that kind of unauthorized entry as a misdemeanor with a maximum of one year in jail.
The charge climbs to a felony when aggravating circumstances are present. The most common triggers:
- The building was an occupied dwelling, especially with people inside at the time.
- There is evidence the person intended to steal, assault someone, or commit another offense inside, which typically converts the charge to burglary. Burglary is almost always a felony.1Legal Information Institute. Breaking and Entering
- A weapon was carried during the entry, which pushes the charge into higher felony tiers in virtually every state.
- The defendant has prior convictions for similar offenses, which can turn conduct that would otherwise be a misdemeanor into a felony.
Two quick boundaries worth knowing, because they change the charge and the exposure. Trespass, which is walking onto property without permission but without any “breaking,” is typically a lesser charge. And breaking into a car generally isn’t breaking and entering at all; the FBI’s burglary definition excludes automobiles, and vehicle break-ins usually fall under separate tampering or theft statutes, though some states have expanded their definitions.2Federal Bureau of Investigation. Burglary
How Much Jail Time You Could Face
Misdemeanor Sentences
A misdemeanor conviction typically carries up to one year in county jail. Many first-time defendants won’t serve the full term. Judges frequently impose probation instead of or on top of jail time, along with fines that can reach several thousand dollars. Restitution to the property owner for any damage is common.
Felony Sentences
Felony sentences start at one year and go much higher. The range varies significantly by state and by the degree of the offense. A lower-degree felony for entering an unoccupied commercial building might carry a maximum of a few years. A first-degree burglary charge involving an occupied home can carry a maximum of 15 to 25 years in some states. Fines for felony convictions often reach tens of thousands of dollars, and courts may impose years of supervised probation after release.
Burglary Tools as a Separate Charge
Getting caught with lock picks, crowbars, or similar tools can produce a separate criminal charge stacked on top of the entry itself. Prosecutors don’t have to prove the tools were actually used, only that the person possessed them with intent to commit an offense. This is typically a misdemeanor carrying up to six months in jail, added to whatever other charges arise from the entry.
What Judges Weigh at Sentencing
Within the range a statute allows, judges have real discretion. A set of aggravating and mitigating factors can push a sentence in either direction, sometimes by years.
Aggravating Factors
Prior property crime convictions are one of the strongest drivers of a harsh sentence. Repeat offenders face significantly longer terms than people with clean records. Beyond history, judges look at whether a weapon was present, whether anyone was injured or threatened, and the extent of the property damage. Targeting a vulnerable victim, such as an elderly person, can push the sentence higher.
Mitigating Factors
A first offense carries real weight in the other direction. Judges also consider whether the defendant accepted responsibility early, whether anyone was actually harmed, and whether the offense was impulsive rather than planned. Evidence of substance abuse or mental health issues that contributed to the conduct can sometimes open the door to treatment-oriented alternatives instead of straight incarceration. None of these factors guarantee a lighter sentence, but they give a defense attorney room to work.
Defenses That Can Keep You Out of Jail
A charge is not a conviction, and the defense strategy often controls how much time is actually on the table.
Consent
If the property owner gave permission to enter, there is no unauthorized entry and no breaking and entering. The catch is scope. Permission to enter the front office is not permission to enter a back storage room, and permission that was revoked before the entry doesn’t count. Where consent is clear and covers the specific entry at issue, it is one of the strongest defenses available.
Lack of Intent
Because burglary requires intent to commit a crime inside, challenging that intent element can reduce a burglary charge to simple breaking and entering or trespass. Someone who entered believing they had a right to be there, or who wandered in with no plan to steal or harm anyone, may have a viable defense. Most of the negotiation between prosecutors and defense attorneys happens on this point.
Necessity
A person who breaks in to escape an immediate threat to life or safety may raise a necessity defense. Courts set a high bar: the threat must be imminent, no reasonable alternative existed, and the entry couldn’t have created a greater danger than the one being avoided.3Legal Information Institute. Necessity Defense Breaking into a cabin during a blizzard to avoid freezing is the textbook example.
Duress
Duress applies when someone forced the defendant to commit the entry under an immediate threat of serious bodily harm or death. The threat must be imminent rather than something that might happen later. The defendant must also show they had no reasonable way to escape the situation. Courts won’t accept the defense if the person voluntarily put themselves in the dangerous situation.
What Sits on Top of the Sentence
The court’s sentence is only part of what a conviction costs. A felony conviction in particular carries consequences that outlast any jail term.
Firearm Rights
Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition. That applies to all felony breaking and entering and burglary convictions nationwide, and the ban is permanent unless rights are specifically restored.4Office of the Law Revision Counsel. United States Code Title 18 – 922 Restoring firearm rights is a state-specific process that often requires a pardon or court order.
Employment and Housing
Most employers run criminal background checks, and a breaking and entering conviction shows up as a property crime with its classification level and sentence details. Landlords conduct similar screening. “Ban the box” laws in a growing number of jurisdictions delay when an employer can ask about criminal history, but they don’t erase the record. For licensed professions in healthcare, finance, or education, a felony conviction can disqualify an applicant entirely.
Expungement
Some states allow certain convictions to be expunged or sealed after a waiting period, which removes them from public background checks. Eligibility varies. Misdemeanor breaking and entering convictions are more commonly eligible than felony burglary convictions, and most states require the person to remain conviction-free for several years before applying.
One Practical Note
The initial charge is not always the final one. Prosecutors often start with the most serious charge the facts support and negotiate down during plea discussions. A skilled attorney can sometimes get a felony burglary charge reduced to misdemeanor trespass, which produces dramatically different outcomes for both the sentence and the long-term record. Private defense costs typically run between $2,500 and $70,000 in flat fees, or $200 to $500 per hour, depending on complexity. Defendants who can’t afford private counsel have the right to a court-appointed attorney at no cost.