Wisconsin Burglary Charge
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Madison, WI
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(608) 204-5807
The Serious Nature of Burglary in Wisconsin
Being charged with burglary in Wisconsin places you at the center of a legal matter that prosecutors treat with exceptional seriousness. Burglary is often categorized as both a property crime and a violent crime, depending on the circumstances. This dual nature means that a conviction may result in not only lengthy imprisonment and steep fines, but also lifelong consequences that affect employment, housing, and civil rights.
Burglary Lawyer in Madison, WI
At DK Anderson, S.C., we understand the complexities of Wisconsin burglary laws and how prosecutors approach these cases. We deliver aggressive, experienced legal defense for individuals facing burglary charges in Madison, Dane County, and throughout Southern Wisconsin.
Understanding the Elements of Burglary in Wisconsin
To obtain a conviction under Wis. Stat. § 943.10, the prosecution must prove each of the following elements beyond a reasonable doubt:
1. Intentional Entry – You intentionally entered a building or other protected enclosure.
2. Lack of Consent – You entered without the consent of the person lawfully in possession.
3. Knowledge of Non-Consent – You knew that your entry was without consent.
4. Intent to Commit a Crime Inside – At the time of entry, you intended to commit a felony or theft.
Note: The intent to commit theft or a felony must exist at the time of entry, not formed afterward. This is a key issue prosecutors must prove—and one our firm frequently challenges.
What Counts as Burglary? It’s Not Just Houses
Under Wisconsin law, burglary includes unauthorized entry into:
• Any building or dwelling
• An enclosed railroad car
• The enclosed portion of a ship or vessel
• A locked cargo area of a truck or trailer
• A motor home or trailer home, even if unoccupied
• Any room within any of the above
Professional and Experienced Defense Attorneys who defend against Burglary Charges
Penalties for Burglary in Wisconsin
Burglary is typically charged as a Class F felony, carrying up to 12.5 years of imprisonment, a $25,000 fine, or both.
However, aggravating factors can elevate burglary to a Class E felony, which carries up to 15 years of imprisonment and a $50,000 fine. These enhancements apply when:
• The person is armed with a dangerous weapon
• The person becomes armed after entering the premises
• An explosive is used or attempted to open a depository
• A battery is committed during the burglary
• The building is occupied at the time of entry
Possession of Burglarious Tools: A Separate Felony Offense
Under Wis. Stat. § 943.12, it is a Class I felony to possess tools, devices, or instruments commonly used to commit burglary. This includes:
• Crowbars
• Lockpicks
• Slim jims
• Any instrument designed or intended for breaking into buildings or safes
Possession alone—with the intent to use the item for illegal entry or theft—can lead to additional felony charges.
Burglary While Armed: Class E Felony
Burglary while armed significantly increases the severity of the charge. The state must prove not only the standard elements of burglary, but also that the defendant:
• Was armed with a dangerous weapon at the time of entry; or
• Armed themselves after entry but before leaving; and
• Was aware of the weapon and had it within reach
Under Wis. Stat. § 943.10(2), “dangerous weapons” include:
• Firearms (loaded or unloaded)
• Knives
• Electric weapons (e.g., tasers)
• Any device likely to cause death or great bodily harm
Whether you were armed before or after entry, the penalty remains the same: up to 15 years in prison and up to $50,000 in fines.
Common Legal Defenses to Burglary in Wisconsin
Our defense strategies are tailored to the facts of each case and may include:
• Lack of Intent – Arguing that you had no plan to commit a crime at the time of entry
• Mistaken Identity – Challenging eyewitness testimony or circumstantial evidence
• Consent – Showing that the property owner allowed your presence
• Suppression of Illegally Obtained Evidence – If law enforcement violated your rights, key evidence may be inadmissible
Madison, WI Burglary Defense Attorneys – DK Anderson, S.C.
If you’re facing burglary charges in Madison or Southern Wisconsin, contact DK Anderson, S.C. immediately. We offer:
• Free case evaluations
• Strategic defense planning
• Aggressive trial representation
📞 Call Now: (608) 204-5807
Frequently Asked Questions - Burglary Charge in Wisconsin
Yes. Burglary does not require that anything be stolen. Intent to commit a theft or felony at the time of entry is sufficient, even if no property was taken.
If you had consent to enter, it may not be burglary. However, theft charges may still apply. Entry without intent to commit a crime may negate a burglary charge.
Burglary involves unlawful entry with intent to commit a crime inside. Robbery involves taking property from a person using force or threat. They are distinct crimes with different elements.
Yes, under Wisconsin law, burglary can be categorized as a violent offense, particularly if it occurs in an occupied dwelling, involves a weapon, or results in injury.
Possibly. If we can show a lack of intent, unlawful search, or weak evidence, we may pursue dismissal, a plea to a lesser offense, or trial acquittal.
Our Practice Areas
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Violent Crimes
A conviction for any one of Wisconsin's violent crimes will have significant consequences.
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Domestic Violence
A conviction for a domestic violence charge in Wisconsin has additional consequences.
Property Crimes
Wisconsin property crimes include theft, forgery, and criminal damage to property.
Sex Offenses
Not much will change your life like a conviction for one of Wisconsin's sex offense charges.
Traffic Citations
Although less serious than a criminal charge, a traffic citation can effect your driver's license.