Is Burglary a Felony or Misdemeanor in Utah? Here’s What You Need to Know

Being accused of burglary is terrifying. You’re not just worrying about legal jargon — you’re worrying about your future, your freedom, and your reputation. If you’re here wondering whether burglary is a felony or a misdemeanor in Utah, you’re not alone.

At Wasatch Defense Lawyers, we’ve helped hundreds of people navigate exactly this kind of uncertainty — and in this guide, you’ll get the straight answers you need.

Quick Guide: What We’ll Cover

• Is Burglary a Felony or Misdemeanor? Quick Answer
• What Counts as Burglary in Utah?
• Felony vs. Misdemeanor Burglary: Key Differences
• Factors That Affect How Burglary is Charged
• What to Do If You’re Facing a Burglary Charge
• Frequently Asked Questions (FAQ)
• Protect Your Rights with Expert Legal Help

Is Burglary a Felony or Misdemeanor?

 

In Utah, burglary is almost always charged as a felony. The law takes unlawful entry seriously — especially when there’s an intent to commit another crime inside, like theft or assault.

However, there are rare cases where a burglary-related offense can be treated as a misdemeanor, depending on the circumstances of the entry.

Quick Tip: The type of property and the alleged criminal intent significantly influence the severity of the charge.

Relevant Utah Law:

• Utah Code § 76-6-202: Burglary

Learn more about related criminal mischief charges.

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What Counts as Burglary in Utah?

 

Under Utah law, burglary means entering or remaining unlawfully in a structure with the intent to commit a crime inside.

You don’t have to break a window or pick a lock. Simply walking into an unlocked home without permission, planning to commit theft or assault, counts as burglary.

Key Examples:

1. Sneaking into a neighbor’s garage to steal tools
2. Hiding inside a store after closing time
3. Entering a residence intending to commit an assault

Important: Intent is everything. You don’t have to complete the crime — just having the plan counts.

Understand your Utah search and seizure rights if evidence was collected during your arrest.

Felony vs. Misdemeanor Burglary: Key Differences

Here’s how burglary charges are typically classified in Utah:

 

See how our burglary defense lawyers can help protect your rights.

Factors That Affect How Burglary is Charged

Several factors can escalate or lessen a burglary charge:

• Nature of the Property: Entering homes = felony. Entering an open shed might be a misdemeanor.
• Type of Crime Intended: Planning theft = serious. Planning simple vandalism = less serious.
• Weapon Involvement: If a weapon was carried or displayed, penalties skyrocket.
• Injury to Victims: Violence against occupants enhances the severity.
• Past Criminal Record: Prior offenses can lead to harsher penalties.

Pro Tip: At Wasatch Defense Lawyers, our criminal defense team knows how to identify weaknesses in the prosecution’s case to fight for reduced charges.

Explore your options if facing a probation violation.

What to Do If You’re Facing a Burglary Charge

If you’ve been arrested or accused of burglary, here’s what you should do immediately:

1. Stay Silent: Politely decline to answer police questions without a lawyer.
2. Document Everything: Where you were, who you spoke to, what happened.
3. Seek Legal Help Fast: The earlier you involve a defense attorney, the better your chances.

Why Speed Matters: Witnesses forget details. Evidence disappears. Acting fast can mean the difference between freedom and a criminal record.

Understand more about preliminary hearings and how they impact burglary cases.

EEAT Building Elements

At Wasatch Defense Lawyers, we’ve handled over 650 criminal trials across Utah courts, including complex burglary defense cases — and we know how to fight for you at every stage.

Supporting Stat: The Utah Department of Public Safety reports that burglary ranks among the top five property crimes annually prosecuted statewide.

Charged with burglary? You have options. Request Your Free, Private Case Evaluation Today — We’re available 24/7 to fight for your rights.

Frequently Asked Questions (FAQ)

Protect Your Rights with Expert Legal Help

Facing a burglary charge can feel overwhelming — but you don’t have to face it alone. Understanding whether your charge is a felony or misdemeanor is the first step toward protecting your future.

The right defense can make all the difference. If you’re ready to fight back and protect your freedom, Wasatch Defense Lawyers is ready to stand with you.

Contact us today for a free consultation.