What Is Breaking and Entering in Mississippi?

A breaking and entering charge in Mississippi refers to unlawfully forcing open and entering a structure with the intent to commit a crime inside. Mississippi does not have a standalone “breaking and entering” statute. Instead, prosecutors charge these offenses as burglary under burglary of a dwelling or Miss. Code Ann. § 97-17-33 (burglary of a building other than a dwelling).

Despite the legal label, “breaking and entering” remains the phrase most people use to describe these charges.

To secure a conviction, the prosecutor must prove four core elements beyond a reasonable doubt:

1. Breaking – The defendant used some force, however slight, to gain entry. This can include opening an unlocked door, pushing open a window, or removing a screen.
2. Entering – Any part of the defendant’s body or a tool crossed the threshold of the structure.
3. Of a structure – The entry occurred at a recognized building, whether a home, store, warehouse, or office.
4. Intent to commit a crime therein – The defendant entered with the purpose of committing a felony, theft, or other criminal act inside.

Burglary differs from simple trespass because it requires this criminal intent at the time of entry. Without proof of intent, the charge may not hold up as burglary.

Is Breaking and Entering a Felony or a Misdemeanor?

In Mississippi, breaking and entering charged as burglary is a felony in nearly all circumstances. This directly answers the common question: is breaking and entering a misdemeanor? In most cases, no. Mississippi law treats burglary of both dwellings and non-dwelling buildings as felony offenses.

A breaking and entering allegation drops to misdemeanor level only when the prosecution cannot prove the “breaking” element. It also drops when the prosecution cannot prove intent to commit a crime inside. In those situations, the charge may be reduced to criminal trespass, which is a misdemeanor.

A breaking and entering felony conviction carries serious consequences. Felons in Mississippi lose the right to vote until their sentence is complete and they apply for restoration. They also lose the right to possess firearms under both state and federal law. A felony record can limit employment, housing, and professional licensing for years after the sentence ends.

The felony versus misdemeanor distinction matters at every stage of the case. Felony charges go through grand jury indictment. They are prosecuted in circuit court. They carry significantly harsher penalties than misdemeanor trespass handled in justice or municipal court.

Breaking and Entering Sentence and Punishment Under Mississippi Law

The breaking and entering sentence in Mississippi depends on the type of structure involved and the defendant’s criminal history. Punishment ranges from a few months in county jail for trespass up to 25 years in state custody for dwelling burglary. Below is a breakdown of each sentencing tier.

Courts may also order restitution to victims for property damage or stolen goods. Probation is possible in some cases, particularly for first-time offenders and non-dwelling burglary. Habitual offender statutes under Miss. Code Ann. § 99-19-81 and § 99-19-83 can significantly increase sentences for defendants with prior felony convictions.

Burglary of a Dwelling Penalties

Under burglary of a dwelling, burglary of a dwelling carries 3 to 25 years in the custody of the Mississippi Department of Corrections. A “dwelling” includes any building designed or used as a residence. Houses, apartments, mobile homes, and hotel rooms all qualify.

Dwelling burglary carries harsher penalties because the law treats the invasion of a home as an especially serious offense. The risk of confrontation between an intruder and an occupant raises the danger level for everyone involved. When the dwelling is occupied at the time of entry, judges may impose sentences at the higher end of the range. Prosecutors may also pursue additional charges such as assault if an occupant is harmed.

Burglary of a Building (Non-Dwelling) Penalties

Under burglary of a building other than a dwelling, breaking and entering a building other than a dwelling carries up to 7 years in state custody. This covers stores, warehouses, offices, churches, schools, and other commercial or public structures.

The elements remain the same – breaking, entering, and intent to commit a crime inside. Prosecutors often prove intent through circumstantial evidence. They may point to tools found on the defendant or stolen property recovered nearby. They may also use surveillance footage showing the defendant inside the building near valuable items. The lower maximum sentence reflects the reduced risk compared to entering an occupied home. Still, 7 years in state custody remains a serious consequence.

Trespass and Lesser Related Charges

Misdemeanor trespass carries fines up to 500 dollars and up to 6 months in county jail. Trespass applies when someone enters property without authorization but without the intent to commit a separate crime inside.

A breaking and entering allegation may be reduced to trespass through plea negotiations when the prosecution’s evidence of criminal intent is weak. For example, if a person entered an unlocked building out of curiosity or to seek shelter, the defendant may have a defense. That person took nothing and caused no damage. A defense attorney may argue the conduct fits trespass rather than burglary. These negotiations often depend on the strength of the evidence and the defendant’s criminal history.

How Long Can You Get for Breaking and Entering in Mississippi?

The maximum sentence for breaking and entering in Mississippi is 25 years for dwelling burglary and 7 years for non-dwelling burglary. Actual time served varies widely based on the facts of the case.

Judges consider several factors at sentencing:

• Prior criminal history – Defendants with prior felony convictions face longer sentences. They may also trigger habitual offender enhancements.
• Whether the structure was occupied – Entering an occupied home raises the perceived danger and typically results in a harsher sentence.
• Whether a weapon was involved – Armed burglary allegations push sentences toward the maximum.
• Value of property taken – Higher-value thefts tend to increase sentences.
• Cooperation with law enforcement – Defendants who cooperate and recover stolen property may receive some leniency.

Plea negotiations play a major role in determining actual outcomes. Many breaking and entering cases resolve through guilty pleas to reduced charges rather than going to trial. First-time offenders may qualify for pretrial diversion programs or non-adjudication. Non-adjudication allows eligible defendants to complete probation without a formal conviction on their record. Non-adjudication is not available for all offenses, so eligibility depends on the specific charge and the defendant’s background.

Common Defenses to Breaking and Entering Charges

Several defense strategies may apply to breaking and entering charges depending on the circumstances. The intent element is often the weakest link in the prosecution’s case. It requires proof of what the defendant planned to do at the moment of entry.

• Lack of intent – If no evidence shows the defendant intended to commit a crime inside the structure, the burglary charge may fail. Entering a building to sleep, use a restroom, or retrieve personal property does not satisfy the intent requirement.
• Consent or authorization – A person who had permission to enter the structure has a complete defense. This may arise in disputes between landlords and tenants, business partners, or family members.
• Mistaken identity – In cases relying on eyewitness testimony or limited surveillance footage, the wrong person may be accused. Lighting conditions, distance, and stress can all compromise identification accuracy.
• No “breaking” element – Walking through an open door without using any force may not satisfy the breaking element. It depends on the circumstances and how Mississippi courts apply the statute.
• Alibi – Evidence that the defendant was elsewhere at the time of the offense can undermine the prosecution’s case. Cell phone records, surveillance footage from another location, or witness testimony may support an alibi.
• Unlawful search or seizure – If law enforcement obtained evidence through an illegal search, a defense attorney may file a Fourth Amendment suppression motion. This motion seeks to exclude that evidence from trial. The same applies if law enforcement did not have a valid warrant.
• Challenges to eyewitness identification – Eyewitness testimony is often less reliable than jurors assume. Defense attorneys may challenge identification procedures and cross-examine witnesses about viewing conditions. They may also present expert testimony on the limitations of human memory.

Each defense depends on the specific facts. An experienced defense attorney can evaluate which strategies fit a particular case.

What to Do If You Are Facing Breaking and Entering Charges

If you are arrested or under investigation for breaking and entering, take these steps immediately:

1. Exercise your right to remain silent. Do not answer questions from police beyond identifying yourself. Anything you say can be used against you.
2. Do not consent to searches. If officers ask to search your home, vehicle, or phone, politely decline. They need a warrant unless an exception applies.
3. Avoid discussing the case. Do not talk about the charges with friends, family, or on social media. Only speak with your attorney.
4. Preserve evidence of consent. If you had permission to enter the property, save any texts, emails, keys, or documents that prove authorization.
5. Contact a Mississippi criminal defense attorney immediately. Early representation makes a significant difference.

The typical case timeline runs from arrest through arraignment in justice court, where bond is set. For felony charges, the case then moves to the grand jury, which decides whether to issue a formal indictment. After indictment, the case proceeds through discovery, where both sides exchange evidence, then plea negotiations, and potentially trial in circuit court.

Early legal representation matters most at the grand jury and plea stages. A criminal law attorney may present evidence or arguments to the grand jury. This may result in a reduced charge or no indictment at all. Once an indictment issues, the attorney can negotiate from an informed position during plea discussions.

Speak With a Mississippi Breaking and Entering Defense Attorney

If you or a loved one faces breaking and entering or burglary charges in Mississippi, the potential consequences are serious. Dwelling burglary can result in up to 25 years in state custody. Early legal representation gives your defense the strongest possible foundation.

Vic Carmody, Jr., P.A. concentrates on Mississippi criminal defense and handles burglary and property crime cases in circuit courts throughout the state. Our attorneys understand how these cases are investigated, charged, and prosecuted at every stage – from arrest through grand jury and trial.

The earlier you involve a defense attorney, the more options may be available. Defenses can be preserved, evidence can be challenged, and plea negotiations can begin from a position of strength. Every case is different, and results depend on the specific facts and circumstances involved.

Schedule a free, confidential consultation today. Call our office or complete the contact form on this page to discuss your case with a Mississippi criminal defense attorney.

Frequently Asked Questions About Breaking and Entering Charges

Is Breaking and Entering a Felony in Mississippi?

Breaking and entering is a felony in Mississippi when charged as burglary. Dwelling burglary under Miss. Code Ann. § 97-17-23 carries 3 to 25 years. Non-dwelling burglary under Miss. Code Ann. § 97-17-33 carries up to 7 years. Only when the charge is reduced to trespass does it become a misdemeanor.

What Is the Difference Between Breaking and Entering and Burglary in Mississippi?

In Mississippi, there is no meaningful legal distinction. The state does not have a separate “breaking and entering” statute. These offenses are charged as burglary. “Breaking and entering” is simply the common term people use to describe forcing entry into a structure with criminal intent. Mississippi law prosecutes this conduct as burglary.

How Much Time Can You Get for Breaking and Entering in Mississippi?

The maximum sentence is 25 years for burglary of a dwelling and 7 years for burglary of a non-dwelling building. Actual sentences depend on factors like criminal history, whether the building was occupied, and whether a weapon was involved. First-time offenders may qualify for reduced sentences or non-adjudication.

Can a Breaking and Entering Charge Be Reduced to a Misdemeanor?

A breaking and entering charge can be reduced to a misdemeanor in some cases. If the prosecution cannot prove the defendant intended to commit a crime inside the structure, a defense attorney may negotiate a reduction to misdemeanor trespass. The likelihood of a reduction depends on the strength of the evidence, the defendant’s criminal history, and the prosecutor’s willingness to negotiate.

Do I Need an Attorney if I’m Charged With Breaking and Entering?

An attorney is essential if you are charged with breaking and entering. Breaking and entering charged as burglary is a serious felony in Mississippi. A conviction can result in years in state prison and a permanent felony record. Experienced criminal defense attorney Vic Carmody Jr. can evaluate the evidence, identify viable defenses, negotiate with prosecutors, and protect your rights throughout the legal process.