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Burglary Safe and Protected with Powerful Representation
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Burglary Defense Lawyer in Philadelphia

Felony-Level Defense from a Team Built for Serious Criminal Cases

A burglary charge in Pennsylvania is a felony from the moment it’s filed. It doesn’t matter whether anything was stolen or whether any other crime was completed inside the building. The charge alone carries consequences that reach far beyond sentencing. At van der Veen, Hartshorn & Levin, we defend clients facing these charges as whole people, not case numbers, protecting not just the outcome in court but their families and their futures as well.

Our One Firm, Total Coverage model means you have access to a team with genuine depth in criminal defense, guided by human-centered advocacy and a commitment to results that matter to the people we represent.

If you or someone you know is facing a burglary charge in Philadelphia, call us at (215) 610-3440 to schedule a free consultation in person or over the phone.

How Pennsylvania Defines Burglary

Under 18 Pa.C.S. §3502, Pennsylvania defines burglary as entering a building or occupied structure without authorization and with the intent to commit a crime inside at the time of entry. Two things often surprise people about this definition. First, an “occupied structure” is broader than it sounds. It can include vehicles and any place adapted for overnight accommodation, regardless of whether anyone is actually present when entry occurs. Second, the prosecution doesn’t need to prove a crime was completed inside. Intent at the moment of entry is enough.

Because intent is internal, prosecutors typically rely on circumstantial evidence to prove it. Possession of lock picks or pry bars, prior surveillance of the property, disabling security systems, or wearing a disguise are the kinds of facts a prosecutor will point to at trial. Challenging how that evidence was obtained and what it proves is where a burglary defense begins.

First-Degree vs. Second-Degree Felony Grading

Pennsylvania grades every completed burglary as a felony. The grading turns on two factors: whether the structure was adapted for overnight accommodation, and whether another person was present during entry.

Burglary is charged as a first-degree felony when the structure was adapted for overnight accommodation, when another person was present at the time of entry, or when the intent was to steal a controlled substance or designer drug. When the structure was not adapted for overnight accommodation and no one was present, the charge drops to a second-degree felony. There is no misdemeanor version of a completed burglary charge in Pennsylvania.

    Michael is superb! Great attorney, great team, great job.
    “Outcome was better than expected. Forever thankful to Mike’s reliable firm. If you want great results they are your guys. Strongly recommend.”
    - Ninel B.
    Having been represented on different subjects Mike has provided the same outstanding results!
    “This law firm has been nothing but the best for my company! Mr. van der Veen has always worked very hard and communicated well with each situation that he has represented me in. I would highly recommend this firm!”
    - Sewall M. Jr.
    They take full control of your case allowing you to have peace of mind while they win.
    “I have been a client of this firm for many years now, and all that I can say is these are the Top Lawyers in the City! My experience over the years have been excellent! Thank you van der Veen, Hartshorn & Levin. Job very well done.”
    - Quiana
    They make my concerns their concerns.
    “Thank you for always picking up the phone. I could not have a better firm representing myself, family and my friends. If you want an attorney that gets the job done, Look no more!!! Contact Attorney van der Veen.”
    - Leslie L.
    They handled every aspect of my case with integrity and pride.
    “Wonderful customer service. The team at van der Veen, Hartshorn & Levin is the real deal. I would definitely recommend them.”
    - Former Client
    You should not go anywhere else.
    “This firm is the absolute best! Very knowledgeable, pleasant, and amazing!! I recommend this Law firm to anyone with an issue.  can't speak highly enough for this firm and it's attorneys! It was truly a wonderful experience.”
    - Bennie H.
    The team is definitely a dream team straight outta Philadelphia Center City!
    “I first want to thank this dream team they definitely was a pleasure to work with and I am glad I chose Van der Veen law firm to get the jobs”
    - RB
    Guided me through the process for a success.
    “Very satisfied with the way they handled my case, answer all my question, provided me with needed information.”
    - Frank A.

How We Defend Burglary Charges

No two burglary cases share the same facts, but several defense angles arise consistently. The most direct challenge is to the intent element itself: the prosecution must prove the defendant intended to commit a crime at the precise moment of entry, not afterward. Contesting the unauthorized nature of the entry is another avenue, as is challenging whether the location legally qualifies as a building or occupied structure under Pennsylvania’s definition.

Pennsylvania law also provides statutory defenses. If the structure was abandoned, if the premises were open to the public at the time, or if the person was licensed or privileged to enter, burglary can’t be established as a matter of law. Evidence obtained through an unlawful search or seizure can be challenged through a suppression motion. If granted, suppression removes that evidence from the prosecution’s case and can fundamentally alter what they’re able to prove at trial.

When appropriate, we also negotiate, whether that means pursuing reduced charges or a diversion program, depending on the facts and the client’s circumstances. When it isn’t, we prepare thoroughly for trial.

A Criminal Defense Team Built for Cases Like This

Founded in 2014, van der Veen, Hartshorn & Levin has built a criminal defense practice with more than a dozen attorneys carrying decades of combined experience in criminal law. Our theft-crime defense work includes burglary charges handled as exactly what they are: serious felony matters that require focused preparation.

Firm founder Michael T. van der Veen has built his reputation securing multimillion-dollar verdicts in state and federal courts and winning major criminal trials across the country. He has been recognized among the Top 100 Criminal Defense Attorneys. Our case results include a charges-dropped outcome in an arson case and a governor’s pardon granted in a theft case, two reminders that serious property-related criminal charges can be defended.

How a Burglary Case Moves Through the Courts

Felony burglary charges in Philadelphia begin in Philadelphia Municipal Court, where the preliminary arraignment and bail determination take place first. The preliminary hearing follows. This is a critical early stage where the prosecution must show sufficient evidence to hold the case for trial. If the case survives, it moves to the Philadelphia Court of Common Pleas, which handles the trial phase for all felony matters. The main criminal courthouse, now known as the Justice Juanita Kidd Stout Center for Criminal Justice, sits on Filbert Street in Center City.

From there, the case proceeds through formal arraignment, discovery, and pretrial motions, and either a negotiated resolution or trial. If convicted, sentencing follows. Our attorneys guide clients through each of these stages, explaining what’s happening, what the options are, and what the realistic consequences of each decision look like.

Speak with a Burglary Defense Attorney Today

A burglary charge isn’t a matter to sort out later. The earlier we can review the facts, identify suppression issues, and assess where the prosecution’s case is weakest, the more options we have. We offer free consultations by phone or in person and can assist clients in English or Spanish. We represent clients throughout Philadelphia and the surrounding counties of Montgomery, Lehigh, Northampton, Chester, Bucks, Delaware, and Berks.

Contact van der Veen, Hartshorn & Levin today at (215) 610-3440 to schedule a free consultation with our Philadelphia burglary attorneys.

The Person Who Sees The Whole Picture Meet Michael T. van der Veen
From local business owners, to the President of the United States, we fight for everyone's best interest. As founder of the firm, Michael T. van der Veen effortlessly combines accessibility, experience, negotiation, collaboration, and compassion to achieve results. He is the rare trial attorney who excels in both civil litigation and criminal defense. Known for his unwavering commitment to serving as the voice of the victim and advocate for the accused, he has established his reputation by winning multimillion-dollar jury verdicts in State and Federal Courts, as well as winning major criminal trials across the country.
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Frequently Asked Questions About Red Flag Laws in Pennsylvania

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 215-610-3440 today!

  • If you're wondering how to find a good criminal defense attorney, you should know that there are various methods that you can employ to find a lawyer in Philadelphia. These include searching online, asking for referrals, and checking with professional associations. However, it is important to understand that not every criminal lawyer you come across will be suited for your case. It's essential to meet with potential attorneys for a consultation to discuss your case and get a sense of whether they possess these qualities and if you feel comfortable working with them. Choosing the right attorney is a crucial decision that can significantly impact the outcome of your criminal case.
  • Wondering what the average retainer fee for a criminal lawyer is? Retainer fees vary from one criminal lawyer to the next. The rate you pay as a retainer is also affected by factors such as the complexity of your case, your charges, and other details of your case. The best way to know what a criminal defense attorney will charge for their services is to consult with several attorneys in Philadelphia to discuss your case, receive quotes, and gain a better understanding of the specific fees associated with your situation. Additionally, make sure to thoroughly review the retainer agreement to understand the services covered by the fee and any potential additional costs that may arise during the course of your legal representation.

  • The cost of hiring a criminal defense attorney varies depending on various factors, including the circumstances of your case, the complexity of your case, the charges you are facing, and the attorney’s qualifications and level of experience. While many of the more experienced attorneys charge more, you can rely on their experience, skills, and knowledge of the criminal justice system in Philadelphia to secure a favorable outcome.

  • Wondering, 'What is a criminal defense attorney?" A criminal defense attorney is an attorney who specializes in defending those accused of committing a crime. Hiring a criminal defense attorney in Philadelphia is essential because they offer expertise in local law, the ability to navigate the city's legal system, and the knowledge of local nuances that can make a significant difference in the outcome of a case. They are dedicated to upholding the rights and interests of their clients while working within the specific legal framework of the city, ultimately providing valuable protection and representation in the face of criminal charges.

  • Many people ask, 'What does a criminal defense lawyer do?' Simply put, a criminal defense attorney plays a crucial role in the criminal justice system. Their primary duty is to zealously advocate for their client's rights and ensure they receive a fair and just legal process, whether through negotiation, trial, or appeals. Your attorney will fight to ensure your rights are protected as well as to secure the most favorable outcome in your case.

  • If you're wondering how to choose a criminal defense lawyer, it's important to remember that your choice should be based on a combination of factors, with an emphasis on their experience, specialization, and track record in handling cases similar to yours. It's essential to do your due diligence and conduct thorough research before making a decision. Look out for red flags such as case overload, unresponsiveness, ethical violations, or unwillingness to discuss strategy.

  • If you are arrested in Philadelphia, it's crucial to exercise your Fifth Amendment right to remain silent and immediately request to speak with an attorney. Contact van der Veen, Hartshorn and Levin, a Philadelphia-based criminal defense firm, for urgent legal assistance.

  • In Pennsylvania, the criminal justice process moves swiftly. The sooner you consult with a Pennsylvania-licensed defense attorney, the better equipped you'll be to navigate the Commonwealth's complex legal system. Early intervention can be pivotal in formulating a successful defense strategy.

  • In Pennsylvania, felonies are categorized into three degrees, with first-degree felonies being the most serious. They carry severe penalties, including substantial fines and long-term imprisonment. Misdemeanors also have three degrees in Pennsylvania, but they involve lighter penalties, often resulting in shorter jail sentences and smaller fines.

  • Yes, especially if you act quickly and consult with a Philadelphia criminal defense attorney. Effective legal representation can negotiate with the Philadelphia District Attorney's Office to reach a plea deal or even move to have the charges dismissed based on a lack of evidence or procedural errors.

  • A plea bargain in Pennsylvania is an agreement between the defendant and the Commonwealth to resolve a case without proceeding to trial. Often, this involves pleading guilty to a lesser offense in exchange for reduced penalties. Plea bargains are common in Pennsylvania courts and require skilled negotiation on the part of your attorney.

  • In Philadelphia, white collar crimes often include financial fraud, embezzlement, and insider trading. These non-violent crimes can carry significant penalties under Pennsylvania law, making experienced local representation essential.

  • Sex offenses in Pennsylvania cover a wide range of actions, from sexual assault and rape to possession of child pornography. Pennsylvania has strict laws governing sex crimes, and convictions often come with severe penalties, including mandatory registration as a sex offender.

  • Pennsylvania has strict DUI laws, and penalties may include fines, license suspension, mandatory alcohol education programs, and even imprisonment. Multiple offenses within a 10-year period will significantly escalate these penalties.

  • Internet crimes are governed by both federal and Pennsylvania state laws. Whether it's cyberbullying, online fraud, or identity theft, these offenses are taken seriously by the Pennsylvania justice system. Our firm stays up-to-date with evolving laws in this area to offer the most effective defense strategies.

in their own words

Clients share their experiences and results firsthand
    "He represented me in multiple criminal cases, and I had a lengthy criminal record. He never judged me, and treated me like anybody else, he never looked at me different. He's a real good guy, professional, very honest. When I say I never went to another attorney...he's the best." -Tiffany
    "I love that I have Mike on my side, whenever I question what am I supposed to do? I used to call my dad and after my dad passed, even for things that aren’t always law related, I know I could still call Mike, and I love that about him. He’s just amazing, and I know that if I send somebody here that they’re going to be represented a hundred percent." -Jamie
    "this law firm has afforded low income people of Philadelphia a relationship with an attorney that they can come and meet. To have a the intuition to give a damn about the little people, and then give them that same kind of respect and consideration is unmatched." -Melvin
    "He gives you the impression there’s a person you can count on, a person that you can rely on in terms of having some representation. He kept me informed, he kept me up to date with everything that was going on throughout the process. What doctor, what appointments, who I have to see…I was always very well informed." -Sam

the complete coverage advantage

  • Full-Spectrum
    Law

    From criminal defense to personal injury and beyond, clients gain seamless, strategic support from a full-service law firm built to handle every legal challenge under one roof.

  • Values-Driven
    Practice

    From pro bono advocacy to charitable and community involvement, our attorneys are deeply invested in the people and causes they serve, because real justice includes giving back.

  • Human-Centered
    Advocacy

    We stand as the voice of the injured and a strong advocate for the accused. We don’t just see a case, we see the people and futures at stake, and we fight accordingly.

  • High-Caliber
    Results

    Our attorneys are nationally recognized, featured in major media, and trusted with the complex, high-stakes cases, because when the outcome matters most, experience matters more.

Safe and Protected with Powerful Representation

Trial Lawyers Excelling in the Areas of Law Most Critical to You and Your Family
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