Can you be charged with burglary of a dwelling if no one
lives there?
Under Utah criminal law, there are three different kinds of
burglary:
burglary of a vehicle, burglary of a building (non-residential), and
burglary of a dwelling.
Burglary
of a vehicle is a
misdemeanor
charge. Burglary of a building (non-residential) is a third
degree
felony,
while
burglary
of a dwelling is a second degree felony. In
determining whether a building qualifies as a "dwelling," courts are
required to look both at the nature of the structure, its intended use,
and the actual use of the building.
Utah Code Ann. 76-6-201 defines "dwelling" as "a building which is
usually occupied by a person lodging in the building at night, whether
or not a person is actually present." The Utah Court of
Appeals, in
State
v. McNearney, 2011 UT App 4, held that the focus of the
analysis must be on the actual use of the structure in question.
Specifically, the court in
McNearney
held that a newly built house that had never yet been occupied did not
qualify as a "dwelling" even though it was habitable at the time the
burglary occurred. In other Utah cases, courts have held that
a building that is only sporadically occupied can still qualify as a
dwelling for purposes of a Utah burglary charge.
If you are facing burglary charges in Utah, it is critical to have an
experienced
criminal defense lawyer on
your side. Based in
Salt
Lake City, Stephen Howard has a
track record of achieving
real results.
Contact us today to
schedule an initial consultation.

You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....
Strategy
»

Defending against a criminal prosecution in Utah is a job that has to be done right the first time. Choosing the right attorney to defend you can be the most important decision you make. Our attorneys have extensive experience handling some of the most serious felony and misdemeanor charges on the books in Utah. No matter what charges you are facing, we can help....
Experience
»

Even a single misdemeanor conviction in Utah can result in extended jail time and substantial fines. The collateral consequences of a criminal conviction can last a lifetime. Whether you are facing misdemeanor prosecution in a justice court or more serious felony charges in the district court, obtaining advice and assistance from an experienced criminal defense attorney is....
Consequences
»

Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....
Reasons to Hope
»