The sentence for breaking and entering runs from probation or a few months in county jail for a misdemeanor to 20 years or more in state prison for a serious felony. Where your case lands on that range depends on three things: what kind of property was entered, whether anyone was inside, and whether prosecutors can prove you intended to commit another crime once you got in. Because this is primarily a state offense, the exact numbers vary by jurisdiction, but the framework holds across most of the country.
Misdemeanor Sentences
A misdemeanor charge is more common when the entry was into a non-residential structure like a shed, detached garage, or unoccupied commercial building, and there is no evidence you planned to commit a further crime inside. Walking into an abandoned building out of curiosity, for example, would typically be charged this way.
A misdemeanor conviction usually carries up to one year in a county jail. Many first-time offenders never see the inside of a cell, receiving probation or community service instead. Fines vary by state but commonly run from a few hundred dollars up to $1,000 or more. Courts often add conditions like staying away from the property and completing community service hours.
Felony Sentences
The charge climbs to a felony based on the type of property and the circumstances. Entering a home where people live is treated far more seriously than entering a commercial building. If someone was inside when you entered, expect the charge to be elevated further.
A felony conviction means state prison rather than county jail, and the range broadens sharply. On the low end, a felony breaking and entering charge might carry one to five years. On the high end, when the offense involves an occupied dwelling, a weapon, or injury to someone inside, sentences of 10 to 20 years or more are possible. Fines are substantially higher as well.
When It Becomes Burglary
If prosecutors can show you entered with the specific purpose of committing another crime inside, such as theft or assault, the charge shifts from breaking and entering to burglary, and the penalties jump considerably. The Model Penal Code grades burglary as a second-degree felony when it involves a dwelling at night, when the person is armed, or when someone is injured, and a third-degree felony otherwise. The intent element is what separates a mid-range breaking and entering sentence from the top-tier burglary numbers.
Attempted Breaking and Entering
You can be sentenced even if you never actually got inside. Most states treat an attempt as a criminal offense, typically one grade lower than the completed crime. If felony breaking and entering carries up to 10 years, the attempt might carry up to five. Prosecutors need to show you took a substantial step toward entering the property, not just that you thought about it.
What Pushes the Sentence Up or Down
Judges have significant discretion within a charge level. Two people convicted of the same offense can walk out with very different sentences based on the facts.
Factors That Lengthen a Sentence
- Carrying or using a weapon during the offense, even if it was never used against anyone
- Causing physical harm to someone inside the property
- Targeting an elderly person, a child, or someone with a disability
- Breaking in at night, which has historically been treated as more dangerous and threatening
- A prior criminal record, especially for similar offenses
- Entering a dwelling when someone was present
Factors That Shorten a Sentence
- No prior record
- A peripheral role when multiple people were involved
- Nothing stolen and nobody hurt
- Accepting responsibility early rather than forcing a trial
- Personal circumstances such as mental health issues, substance abuse, or traumatic history that contributed to the behavior
Restitution on Top of the Sentence
Prison time and fines are not the end of what you owe. Courts routinely order restitution in breaking and entering cases, meaning you pay the victim back for their actual financial losses: the cost of repairing a broken door, replacing a stolen television, or fixing damaged property. In federal cases, the probation office gathers loss information from victims, often through victim impact statements, and the judge enters a restitution order at sentencing.1U.S. Department of Justice. Restitution Process State courts take a similar approach.
Restitution covers documented financial losses like repair costs, medical bills from injuries, and the value of stolen property. It does not cover pain and suffering or punitive damages, which are handled through separate civil lawsuits.1U.S. Department of Justice. Restitution Process Courts consider your ability to pay when setting a repayment schedule, but the obligation does not go away just because you lack the money now.
Why Most Sentences Come From a Plea, Not a Trial
Most breaking and entering cases never reach a jury. The overwhelming majority of criminal cases in the United States are resolved through plea bargaining, and property crimes are no exception. In a typical deal, the prosecutor agrees to reduce the charge or recommend a lighter sentence in exchange for a guilty plea.
For breaking and entering, that often means pleading to a lesser offense like criminal trespass, which carries lower penalties and may avoid a felony on your record entirely. A prosecutor’s willingness to offer a favorable deal depends on the strength of their evidence, the severity of the offense, and your criminal history. The sentence most people actually serve is the one negotiated, not the statutory maximum printed in the code.
Consequences That Outlast the Sentence
What the judge imposes at sentencing is only part of what a conviction costs you.
Firearms. A felony conviction triggers a federal ban on possessing firearms or ammunition. Under federal law, anyone convicted of a crime punishable by more than one year of imprisonment is prohibited from possessing any firearm.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The ban applies regardless of whether you actually received a prison sentence. A misdemeanor conviction avoids the federal prohibition, but some states impose their own firearm restrictions on certain misdemeanor offenders.
Employment. A criminal record shows up on background checks, and many employers are reluctant to hire someone with a property crime conviction. This is especially true for positions involving access to homes, businesses, or financial assets. Some professional licenses become difficult or impossible to obtain with a felony on your record.
Housing. Landlords frequently run background checks, and a breaking and entering conviction raises obvious concerns about property access. Finding rental housing with this kind of record can be significantly harder.
Immigration. For non-citizens, a breaking and entering conviction can trigger deportation or make you inadmissible to the United States if it is classified as a crime involving moral turpitude or an aggravated felony. The immigration consequences are complex and depend heavily on the specific statute of conviction, so anyone in this situation needs an attorney who understands both criminal and immigration law.
Clearing the Record Later
Most states have some process for expunging or sealing a criminal record, though eligibility rules and waiting periods vary enormously. Expungement effectively erases the conviction from your record, while sealing hides it from most public searches but keeps it accessible to law enforcement.
Misdemeanor convictions are generally easier to expunge than felonies. Many states require a wait of one to three years after completing your sentence before you can apply. Felony expungement is available in some states but often comes with longer waiting periods and more restrictions. Convictions involving violence or entry into an occupied dwelling may be excluded entirely.
If you were arrested but not convicted, or the charges were dropped, your eligibility for clearing the record is typically much broader. Some states have begun automating this process for eligible cases, but in most places you still need to file a petition and appear before a judge. The specifics depend entirely on your state, so checking your local court’s requirements is a necessary first step.