Burglary Defense in Utah County
A felony charge from the moment of entry — built almost entirely on what the state can prove about your intent.
If you were arrested or cited for burglary anywhere in Utah County, call (435) 294-6806 and say it's urgent. Burglary is always charged as a felony in Utah, and early involvement of counsel matters more the higher the stakes get.
Burglary surprises a lot of people, because it's a felony the moment a person enters a building with the wrong intent — it doesn't require anything to actually be taken, damaged, or hurt. That's exactly why intent is where almost every burglary case is won or lost. The state has to prove what was in someone's head at the moment they crossed the threshold, and that's a much harder thing to prove than it sounds.
What Utah's burglary statute actually says
Utah Code § 76-6-202 defines burglary as entering or remaining unlawfully in a building, or any portion of one, with intent to commit a felony, theft, assault, or certain other specific offenses inside. The building doesn't have to be a home — a garage, a business after hours, a storage unit, or a locked portion of an otherwise public building can all qualify. The statute also covers unlawfully remaining, not just unlawfully entering, which means someone who was initially permitted inside but stayed after being told to leave, or wandered into a restricted area, can still be charged.
How burglary is classified
Burglary is a third-degree felony, punishable by zero to five years in prison and a fine of up to $5,000. If the offense was committed in a dwelling — a building where someone usually sleeps at night, whether or not anyone was actually home at the time — it's a second-degree felony instead, carrying one to fifteen years and a fine of up to $10,000. That dwelling distinction is one of the most important facts in any burglary case, and it isn't always as clear-cut as the initial police report suggests.
Common defenses
Because burglary is fundamentally about intent at the moment of entry, a defense often focuses on showing there was no intent to commit a crime inside — for example, someone who entered believing they had permission, or entered for an innocent reason and only later, if at all, did something else. Whether the entry itself was actually "unlawful" is also frequently contested, particularly in cases involving shared property, estranged partners, or ambiguous permission. And because burglary and the underlying intended offense (often theft) are charged as separate crimes, a weakness in the state's theft case can sometimes undercut the burglary charge as well.
How to get in touch
If you're facing a burglary charge in Utah County, call (435) 294-6806 or email Assistant@LittlefieldLegal.com to schedule a free 30-minute consultation.
Burglary questions.
Is burglary the same as theft in Utah?
No. Burglary is entering or remaining unlawfully in a building with intent to commit a crime inside — a felony a person is guilty of the moment they enter with that intent, regardless of whether anything is actually taken. Theft is a separate charge for the taking itself, and the two are often charged together.
Is burglary always a felony in Utah?
Yes. Burglary is a third-degree felony, or a second-degree felony if it was committed in a dwelling — a building where someone usually sleeps at night, whether or not anyone was actually present.
Can I be charged with burglary if I had permission to be in the building at some point?
Yes, in some circumstances. Burglary covers unlawfully remaining in a building, not just unlawfully entering it — so someone who was initially allowed inside but stayed after being told to leave, or entered an area they weren't authorized to access, can still face a burglary charge.
Charged with burglary? Talk to us first.
Burglary is always a felony in Utah — the first 30 minutes are free, no obligation.
Related: Theft & Shoplifting · Expungement