Understanding Burglary Charges in Pennsylvania

What Constitutes Burglary in Pennsylvania?

Under 18 Pa. Cons. Stat. § 3502, burglary occurs when someone enters a building or occupied structure without permission and intends to commit a crime once inside. The crime doesn’t have to be theft—it could be assault, vandalism, or any other illegal act.

There are a few critical components prosecutors must prove:

• You entered the premises unlawfully.

• You had the intent to commit a crime at the time of entry.

• The structure was not open to the public.

It’s important to note that even entering through an unlocked door or open window without permission may be considered burglary if criminal intent is present.

Different Degrees of Burglary

Pennsylvania law differentiates burglary charges based on:

• Whether the building was a home or another type of structure

• Whether anyone was present at the time

• Whether the defendant was armed

Examples:

• Burglary of an occupied home with the intent to commit a crime is a first-degree felony, punishable by up to 20 years in prison.

• If the building was unoccupied and not a residence, it may be charged as a second-degree felony, with a sentence of up to 10 years.

Attempted burglary, even if unsuccessful, can still result in significant charges.

Common Defenses to Burglary Charges

Defending against a burglary charge requires careful legal analysis. Potential defenses include:

✅ Lack of intent – You entered the building without planning to commit a crime.
✅ Mistaken identity – You were not the person who entered the property.
✅ Permission or consent – You had a right to be in the building.
✅ No actual entry – If you never entered the premises, the burglary charge may not hold.

In some cases, surveillance footage, phone records, or witness testimony can provide critical evidence in your favor.

Why You Need an Experienced Attorney

Burglary convictions come with lasting consequences: lengthy prison terms, felony records, and lasting damage to your reputation and employment prospects. A skilled criminal defense attorney can identify weaknesses in the prosecution’s case, negotiate for reduced charges, or fight for a full dismissal or acquittal at trial.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.

2. Charged with Fraud in Pennsylvania? Here’s What You Need to Know

Fraud is a broad legal category that covers many types of deceptive conduct. In Pennsylvania, fraud charges can arise from financial transactions, false statements, identity misuse, or even misrepresenting information on government forms. Though non-violent, these charges can result in felony convictions, significant prison time, and serious damage to your personal and professional reputation.

What Is Considered Fraud?

Fraud involves intentionally misleading or deceiving another person or entity in order to gain something of value. It includes a wide range of offenses, such as:

• Identity theft

• Credit card fraud

• Forgery

• Welfare or Medicaid fraud

• Insurance fraud

• Mortgage or bank fraud

• Bad checks

You may face fraud charges if you’re accused of lying, forging, falsifying documents, or omitting information in a way that leads to a financial benefit or causes harm to another.

Pennsylvania Penalties for Fraud

Fraud charges vary depending on the type of fraud, amount of money involved, and whether you have any prior offenses. In general:

• Writing a bad check over $2,000 may be charged as a Felony 3, punishable by up to 7 years in prison.

• Insurance fraud can also result in felony charges, with additional civil penalties.

• Welfare fraud often triggers both criminal prosecution and repayment demands from state agencies.

Federal fraud charges may apply if the offense crosses state lines, involves banks, or uses communication systems like the internet or phone.

Defending Fraud Charges

These cases can be complex, often involving financial records, digital data, or multiple parties. Potential defenses include:

✅ Lack of intent – You made a mistake, but did not mean to defraud anyone.
✅ Clerical or accounting error – The issue was a misunderstanding or oversight.
✅ False accusation – You are being wrongly blamed for someone else’s conduct.
✅ Insufficient evidence – The state may not be able to prove its case beyond a reasonable doubt.

How We Help

We review bank statements, audit trails, witness reports, and digital evidence to uncover any weaknesses in the case. In some situations, we may be able to negotiate a plea agreement that avoids jail time or seek full dismissal.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.

3. Kidnapping Charges in Pennsylvania: A Closer Look

Kidnapping is one of the most serious criminal charges in Pennsylvania and can result in decades in prison if convicted. Whether the allegations stem from a domestic dispute, custody disagreement, or alleged abduction, these charges demand a strong, strategic defense.

What Is Kidnapping?

Under 18 Pa. Cons. Stat. § 2901, kidnapping involves unlawfully removing someone a substantial distance or confining them with the intent to:

• Hold them for ransom

• Facilitate or flee another felony

• Inflict injury or terror

• Interfere with government functions or parental rights

Even parental kidnapping — taking your own child in violation of a custody order — can result in criminal charges.

Penalties for Kidnapping in Pennsylvania

Kidnapping is classified as a first-degree felony, carrying:

• Up to 20 years in prison

• Fines up to $25,000

• Additional penalties if other crimes were committed (assault, sexual assault, etc.)

If the victim was under 18 or if serious bodily harm occurred, the consequences can be even more severe.

Common Defenses to Kidnapping Charges

A skilled criminal defense lawyer may use one or more of the following defenses:

✅ Consent – The alleged victim agreed to go with you voluntarily.
✅ No substantial movement or confinement – The distance or time involved does not meet the legal threshold.
✅ Parental rights – In custody-related cases, we may challenge the court's interpretation of "unlawful removal."
✅ Mistaken identity – You were wrongly identified or falsely accused.

These cases often depend on witness statements, GPS or phone data, and context. We work to expose weaknesses in the prosecution’s theory and present your side clearly and persuasively.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.

4. Arson Charges in Pennsylvania: What You’re Up Against

Arson is not just about property damage — it’s often treated as a violent felony in Pennsylvania. If a fire you allegedly caused put anyone in danger — even firefighters — you could be facing Felony 1 charges and up to 20 years in prison.

How Pennsylvania Defines Arson

Under 18 Pa. Cons. Stat. § 3301, arson involves:

• Intentionally starting a fire or explosion

• Causing or risking bodily injury to others

• Damaging property (even your own) under suspicious or fraudulent circumstances

• Recklessly endangering others or emergency responders

Some people are shocked to learn that you can be charged with arson for burning your own home or vehicle — especially if insurance fraud is suspected or the fire spreads.

Types of Arson Offenses

Pennsylvania law recognizes several arson-related crimes:

• Arson Endangering Persons – Felony 1, up to 20 years in prison

• Arson Endangering Property – Felony 2, up to 10 years

• Reckless Burning – Felony 3

• Failure to Control a Fire – Misdemeanor if negligence is involved

• Arson to Collect Insurance – Separate charges may apply

Defending Against Arson Charges

Fire cases often rely heavily on technical evidence and expert opinion. Our defense may include:

✅ No intent – The fire was an accident, not arson.
✅ Improper investigation – Fire marshals or police may have drawn the wrong conclusions.
✅ Alternative cause – The fire was caused by faulty wiring, appliances, or weather conditions.
✅ False accusation – You were not at the scene or involved in starting the fire.

We consult independent fire investigators and challenge the credibility of prosecution experts to build your case.

Why Legal Representation Matters

Convictions for arson can result in long-term imprisonment and a permanent felony record. They can also affect housing, employment, and future legal rights. You need a defense attorney who understands the complexity of arson investigations and has the experience to fight aggressively on your behalf.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.