Unlawfully Entering or Remaining in a Dwelling in Alabama

Unlawful entry into a dwelling in Alabama can be charged anywhere from a Class A misdemeanor to a Class A felony, depending on what you intended to do inside, whether anyone was home, and whether a weapon or explosive was involved. First-degree criminal trespass caps out at a year in jail. First-degree burglary carries 10 to 99 years or life. And because Alabama’s Castle Doctrine gives occupants broad authority to use deadly force against intruders, the legal risk is only part of what makes this one of the more dangerous categories of crime in the state.

What Counts as a Dwelling

Alabama defines a dwelling as a building used or normally used by a person for sleeping, living, or lodging.¹ Houses, apartments, mobile homes, dorm rooms, and hotel rooms all qualify. The building doesn’t have to be occupied at the moment of entry. If someone normally sleeps there, it counts as a dwelling even when no one is home. That distinction runs through every charge below, because both trespass and burglary become more serious when a dwelling is involved rather than a warehouse, office, or other non-residential building.

Criminal Trespass in a Dwelling

If you knowingly enter or stay in a dwelling without permission and you have no intent to commit any further crime inside, the charge is criminal trespass in the first degree.² The word “knowingly” does real work. Prosecutors have to show you were aware you had no right to be there, so walking into the wrong apartment by genuine mistake doesn’t satisfy the statute.

First-degree criminal trespass is a Class A misdemeanor. The penalty is up to one year in jail and a fine of up to $6,000.³⁴ Forced entry isn’t required. Slipping through an unlocked door counts, and so does refusing to leave after being told to. Courts look at posted signs, prior revocations of permission, and whether someone explicitly asked the person to go.

Burglary of a Dwelling

Burglary is a different offense from trespassing. It requires proof that the person entered or stayed in the building with the intent to commit a crime inside. The intended crime doesn’t have to be theft; assault, vandalism, or any other offense will do. Alabama grades burglary in three degrees, driven by how dangerous the situation was.

Third-Degree Burglary

Third-degree burglary is the baseline: knowingly entering or remaining unlawfully in a dwelling with intent to commit a crime inside.⁵⁶⁷ Intent is usually proved circumstantially: burglary tools, an attempt to take property, flight when confronted.

Second-Degree Burglary

Second-degree burglary can be reached two ways. The first path applies when a person knowingly enters or stays unlawfully in any building with intent to commit theft or a felony, and during entry, while inside, or while fleeing, the person or an accomplice:

Carries explosives;
Causes physical injury to someone who isn’t a participant in the crime; or
Is armed with a deadly weapon or dangerous instrument, or uses or threatens to use one.

The second path is narrower and aimed squarely at home invasions: unlawfully entering a lawfully occupied dwelling with intent to commit theft or a felony. No weapon or injury is needed. The fact that someone was home is enough.⁸

Second-degree burglary is a Class B felony, punishable by 2 to 20 years in prison and a fine of up to $30,000.⁶⁷ One nuance: simply picking up a weapon you find inside during the burglary doesn’t count as “being armed” under this statute. Acquiring a weapon in the course of the crime is specifically excluded.

First-Degree Burglary

First-degree burglary is the top of the ladder. It applies when a person knowingly enters or remains unlawfully in a dwelling with intent to commit a crime, and the person or an accomplice is armed with explosives during entry, while inside, or while fleeing.⁹ The statute reaches additional aggravating scenarios that parallel second-degree structure, including being armed with a deadly weapon or causing physical injury to a non-participant.

First-degree burglary is a Class A felony, the most serious classification in Alabama’s criminal code. The sentence is 10 to 99 years or life, with a fine of up to $60,000.⁶⁷

Firearm and Repeat-Offender Enhancements

The base sentences above understate what an actual conviction can produce. Alabama imposes mandatory minimums when a firearm or deadly weapon is used or attempted to be used during a felony. For a Class A felony like first-degree burglary, the floor jumps to 20 years. For a Class B or C felony, the floor is 10 years.⁶ A third-degree burglary that would ordinarily start near one year jumps to a 10-year minimum if a gun was involved.

The Habitual Felony Offender Act stacks on top. Each prior felony bumps a new offense up the classification ladder for sentencing. One prior felony pushes a new Class C burglary into the Class B range (2 to 20 years) and a new Class B into the Class A range (10 to 99 or life). Two priors push a new Class C into Class A territory. Three or more priors put a new Class C in the 15-to-99-or-life range, and a new Class A felony with prior Class A convictions triggers mandatory life without parole.¹⁰ This is why burglary sentences for repeat offenders can look wildly out of proportion to the immediate crime.

What Occupants Can Legally Do to You

Alabama’s Castle Doctrine matters as much as the criminal penalties. Under the state’s self-defense statute, a person is legally presumed justified in using deadly force if they reasonably believe someone is unlawfully and forcefully entering their dwelling, or has already forced their way in.¹¹ Alabama is also a stand-your-ground state. Occupants have no duty to retreat before using force, as long as they are somewhere they have a right to be and are not engaged in unlawful activity.

The presumption of justified force has four exceptions. It doesn’t apply where the person entering is a lawful resident such as a co-owner or lessee (unless a domestic violence protection order or no-contact order is in effect against them); where the person being removed is a child or grandchild in the lawful custody of the person against whom force is used; where the person claiming self-defense was engaged in illegal activity or using the dwelling to further illegal activity; or where the person entering is a law enforcement officer performing official duties. Even outside the presumption, ordinary self-defense principles still let occupants use reasonable force against an intruder when they genuinely fear harm.

When Entry Is Not a Crime

Not every entry into someone else’s dwelling without express consent is unlawful. A few categories of entry are legally protected.

Police officers can enter a dwelling without a warrant under the exigent circumstances doctrine when immediate action is needed to prevent the destruction of evidence, protect someone from harm, or prevent a suspect from escaping. In Kentucky v. King, the U.S. Supreme Court held that officers can rely on exigent circumstances even when their own lawful conduct, such as knocking and announcing, prompts occupants to begin destroying evidence.¹²

Firefighters and paramedics may enter a dwelling when responding to a fire, medical emergency, or similar situation. Their authority comes from the immediate need to protect life and property, and they don’t have to wait for the homeowner’s permission.

Landlords have limited entry rights under Alabama’s landlord-tenant law. They must give at least two days’ notice before entering for inspections, repairs, or showings, and entry must occur at reasonable times.¹³ A tenant can agree to shorter notice, and no additional notice is required where the landlord already provided a maintenance or pest-control schedule that exceeds two days. Emergencies override the notice requirement entirely. A tenant whose landlord enters without following these rules can seek an injunction and actual damages.

Common Defenses

The strongest defense in a burglary case is usually lack of intent. Prosecutors have to prove you planned to commit a crime inside the dwelling, and when the evidence is circumstantial, that can be difficult. If intent can’t be established, the charge drops to trespassing or falls away entirely.

Mistaken entry works against a trespassing charge when the person genuinely believed they had a right to be in the dwelling. Walking into an apartment identical to your own, or entering a property where you previously had standing permission, undermines the “knowingly” element. Consent is a close cousin: if the owner or a co-occupant gave you permission and later changed their mind, the timing and clarity of the revocation matter.

Fourth Amendment challenges apply on the evidence side. If police obtained evidence through an illegal search or arrest, a motion to suppress can gut the prosecution’s case. That is especially relevant when officers entered a dwelling without a warrant and the exigent circumstances justification is thin. Suppression of key evidence can lead to reduced charges, a favorable plea, or dismissal.

After a Conviction

The sentence and fine are only the beginning. A felony burglary conviction in Alabama strips several civil rights, including voting, holding public office, and possessing firearms. Restoring those rights requires a formal application through the Alabama Bureau of Pardons and Paroles, and the process is neither fast nor guaranteed.¹⁴

Employment consequences are severe. Most employers run background checks, and a felony record sharply reduces callback rates. Occupational licensing adds another barrier, affecting fields from healthcare to real estate to commercial driving. Even a misdemeanor trespassing conviction creates a permanent criminal record that can complicate housing and professional opportunities.

Alabama allows expungement of certain records, though the rules favor non-conviction outcomes. A misdemeanor charge can be expunged where the case was dismissed with prejudice, the person was found not guilty, the grand jury returned a no-bill, or the prosecution dropped the case and didn’t refile within the required period. Misdemeanor convictions may be expunged after three years if probation and parole are complete and all fines, costs, and restitution have been paid. Charges dismissed after successful completion of drug court, mental health court, a diversion program, or a veterans’ court program become eligible for expungement one year after program completion.¹⁵ Felony burglary convictions face much steeper hurdles; the expungement statute is oriented toward misdemeanors and non-conviction records, and anyone with a felony conviction should consult an attorney about whether any expungement or pardon route is available in their case.

1
Alabama Legislature. Alabama Code Title 13A Criminal Code 13A-7-1
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Alabama Legislature. Alabama Code 13A-7-2 – Criminal Trespass in the First Degree
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Alabama Legislature. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors
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Alabama Legislature. Alabama Code 13A-5-12 – Fines for Misdemeanors and Violations
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Alabama Legislature. Alabama Code 13A-7-7 – Burglary in the Third Degree
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Alabama Legislature. Alabama Code Title 13A-5-6 – Sentences of Imprisonment for Felonies
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Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies
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Alabama Legislature. Alabama Code 13A-7-6 – Burglary in the Second Degree
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Alabama Judicial System. Alabama Code 13A-7-5(a)(1) Jury Instructions
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Alabama Legislature. Alabama Code Title 13A-5-9 – Habitual Felony Offenders – Additional Penalties
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Alabama Legislature. Alabama Code Title 13A Criminal Code 13A-3-23 – Use of Force in Defense
12
Justia U.S. Supreme Court Center. Kentucky v. King, 563 U.S. 452 (2011)
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Alabama Legislature. Alabama Code Title 35 Property 35-9A-303
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The Alabama Bureau of Pardons and Paroles. Alabama Bureau of Pardons and Paroles – Home
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Alabama Legislature. Alabama Code 15-27-1 – Petition to Expunge Records