Third-degree burglary in Alabama is a Class C felony punishable by one year and one day up to ten years in prison and fines of up to $15,000. The charge applies when someone knowingly enters or stays in a building or dwelling intending to commit a crime inside, and it also applies when someone unlawfully enters a dwelling and intentionally causes $1,000 or more in damage. It sits below first- and second-degree burglary because no weapon, injury, or occupied dwelling is required, but the consequences of a conviction, especially for anyone with prior felonies, can be severe.
What the Statute Actually Prohibits
Alabama Code Section 13A-7-7 lays out four ways to commit this offense. The first three cover knowingly entering or remaining unlawfully in a dwelling, an occupied building, or an unoccupied building with intent to commit any crime inside.1Alabama Legislature. Alabama Code 13A-7-7 – Burglary in the Third Degree The intended crime does not have to be theft. Intent to commit assault, vandalism, or any other offense is enough.
The fourth way catches people off guard. You can be convicted of third-degree burglary if you unlawfully enter a dwelling and intentionally cause $1,000 or more in damage, even if you had no intent to commit any other crime inside.1Alabama Legislature. Alabama Code 13A-7-7 – Burglary in the Third Degree Someone who forces their way into an ex-partner’s house and destroys furniture can face a felony burglary charge rather than trespass or criminal mischief once that damage threshold is met.
What Counts as a Building or Dwelling
A dwelling under Alabama’s burglary chapter is any structure used or normally used for sleeping or living. Houses, apartments, dorm rooms, and regularly occupied campers all qualify.2Alabama Legislature. Alabama Code 13A-7-1 – Definitions
Building is broader. It covers any structure people can enter and use for business, public purposes, lodging, or storage, and Alabama extends the definition past the obvious. Vehicles, aircraft, and watercraft used for lodging or business count, and so do railroad boxcars and tractor-trailers.2Alabama Legislature. Alabama Code 13A-7-1 – Definitions When a building contains separately secured units, like individual offices in a commercial complex, each unit counts as its own building.
Penalties
Prison and Fines
A Class C felony carries a sentence between one year and one day and ten years.3Justia Law. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies Where a sentence lands depends on the facts, the defendant’s record, and the judge.
The maximum fine is $15,000. If the crime produced financial gain for the defendant or a measurable loss for the victim, the judge may set the fine at double that amount, which can exceed the $15,000 figure.4Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies Fines in third-degree cases tend to run well below the statutory ceiling unless stolen property or substantial damage is involved.
Probation and Parole
Not every conviction ends in a full prison term. Judges can impose probation, or a split sentence that pairs some time in custody with supervised probation. The maximum probation period for any felony is five years.5Alabama Legislature. Alabama Code 15-22-54 – Period of Probation Conditions usually include reporting to a probation officer, keeping employment, staying out of new trouble, and paying restitution.
For defendants sent to prison, Alabama law generally requires serving at least one-third of the sentence before parole eligibility.6eLaws. Alabama Code 15-22-28 – Investigation for Parole Eligibility is not release. The Board of Pardons and Paroles weighs the nature of the offense, institutional behavior, and the inmate’s release plan.
Prior Felonies Change Everything
Alabama’s Habitual Felony Offender Act escalates the sentencing range based on prior felony convictions, and once the prosecution proves the priors, the enhancement is mandatory. A judge cannot opt out.7Alabama Legislature. Alabama Code 13A-5-9 – Habitual Felony Offenders Additional Penalties
- One prior felony: a Class C is punished as a Class B, meaning two to twenty years.
- Two prior felonies: a Class C is punished as a Class A, carrying ten to ninety-nine years.
- Three or more prior felonies: fifteen to ninety-nine years or life.
This is where third-degree burglary becomes genuinely dangerous. A mid-level felony on paper can become a decades-long sentence in practice.
How It Differs From Related Charges
First- and Second-Degree Burglary
First-degree burglary is a Class A felony punishable by ten to ninety-nine years or life. It requires unlawful entry into a dwelling with intent to commit a crime, plus an aggravating factor: being armed with explosives or a deadly weapon, causing physical injury to someone who is not a participant, or using or threatening a weapon during the offense.8Alabama Legislature. Alabama Code 13A-7-5 – Burglary in the First Degree
Second-degree burglary is a Class B felony with a range of two to twenty years. It covers either unlawful entry into any building with intent to commit theft or a felony when an aggravating factor is present, or unlawful entry into a lawfully occupied dwelling with intent to commit theft or a felony.9Alabama Legislature. Alabama Code 13A-7-6 – Burglary in the Second Degree Walking into someone’s occupied home intending to steal is second-degree, even without a weapon.
Third-degree is distinguished by what it lacks: no weapon, no injury, no requirement that the building be occupied.
Criminal Trespass
The line between trespass and burglary comes down to intent. Trespass is simply entering or staying somewhere without permission. First-degree criminal trespass covers unlawfully entering a dwelling and is a Class A misdemeanor.10Alabama Legislature. Alabama Code 13A-7-2 – Criminal Trespass in the First Degree Second-degree trespass covers unlawfully entering a building or fenced property and is a Class C misdemeanor.11Alabama Legislature. Alabama Code 13A-7-3 – Criminal Trespass in the Second Degree The gap between a misdemeanor trespass and a felony burglary is huge, and it turns entirely on what prosecutors can prove about the defendant’s state of mind at the moment of entry.
Possession of Burglary Tools
Possessing tools adapted or designed for breaking into premises or committing theft, with intent to use them that way, is a separate Class C felony.12Alabama Legislature. Alabama Code 13A-7-8 – Possession of Burglars Tools This charge often rides along with a burglary arrest. Someone caught near a building at night with pry bars, lock picks, or bolt cutters can face both charges, each carrying the same sentencing range.
Defenses That Apply
The prosecution must prove every element beyond a reasonable doubt. Three areas tend to carry the most weight in third-degree cases.
Intent. Burglary requires proof that you intended to commit a crime at the moment you entered. Wandering into an unlocked building out of curiosity, taking shelter, or entering for some other non-criminal reason does not meet that standard. The intent must exist at the time of entry, not form afterward, and it is often the hardest element to prove because the evidence is usually circumstantial.
Authorization. If you had permission to enter, or a reasonable belief that you did, the entry was not unlawful. A former employee who kept a key and genuinely believed they could retrieve personal belongings may have a viable defense, even if the employer disagreed.
Identity. Unoccupied-building cases often rest on thin evidence of who was actually there. Surveillance footage, fingerprints, and witness identifications each have weaknesses a defense attorney can press. Mistaken identity defenses come up more often in third-degree cases than in higher degrees because the building is usually empty when the alleged entry happens.
Youthful Offender Status for Defendants Under 21
If you were under 21 at the time of the alleged offense, you can apply for Youthful Offender status. If the court grants it, you are not convicted of the felony. The case is adjudicated as a youthful offender matter and sealed.13Alabama Legislature. Alabama Code 15-19-1 – Investigation and Examination by Court The arrest and adjudication should not appear on standard background checks.
The practical benefits are large. A youthful offender adjudication does not strip civil or political rights and does not trigger Alabama’s firearm prohibition for felony convictions. Granting the status is at the judge’s discretion, and the defendant must consent to a bench trial. For anyone under 21 facing this charge, raising it early is one of the most important decisions in the case.
What a Conviction Costs Beyond the Sentence
Firearm rights take a severe hit. Alabama’s definition of “crime of violence” specifically includes burglary, and anyone convicted of a crime of violence is permanently prohibited from owning or possessing a firearm.14Alabama Judicial System. Alabama Code 13A-11-72 – Certain Persons Forbidden to Possess Firearm This covers all three degrees. Possessing a firearm after such a conviction is itself a separate crime.
Voting rights are less affected than many people assume. Alabama keeps an official list of crimes involving moral turpitude that disqualify a person from voting. First- and second-degree burglary are on that list. Third-degree burglary is not.15Alabama Secretary of State. Crimes Involving Moral Turpitude A conviction for third-degree burglary alone should not cost you the right to vote.
Employment, licensing, and housing all become harder. A Class C felony shows up on background checks and can disqualify applicants in education, healthcare, law enforcement, finance, and other fields. These practical barriers often outlast the sentence.
What Happens After Arrest
Alabama’s Rules of Criminal Procedure require a defendant to be brought before a judge without undue delay, and no later than 72 hours after arrest if a warrant was involved.16Alabama State Bar. Alabama Rules of Criminal Procedure – Rules 2.3, 4.3, 4.4, and 7.4 At that initial appearance, the judge confirms the charges, decides whether probable cause exists, and sets conditions for pretrial release, including bond.
The initial appearance is not the arraignment. Arraignment comes later, and that is where the formal plea is entered. Between the two, getting an attorney involved is the priority. If you cannot afford one, Alabama will appoint a public defender, though the court may later require partial repayment. Early representation matters most for negotiating bond and for identifying whether youthful offender status, weak evidence of intent, or an authorization defense fits the facts.