Nighttime Burglary and Theft

The offense of nighttime burglary must occur specifically at night. While "night" isn't rigidly defined by statute, D.C. courts generally consider the period between sunset and sunrise as the relevant window for this serious crime. Crimes occurring during these hours can lead to significantly enhanced penalties compared to similar offenses committed during the day, underscoring the legal distinction of nighttime burglary.

The suspect must have entered a dwelling, business, or other enclosed structure without permission from the legal owner or resident. Under D.C. Code § 22–801, merely entering any dwelling or building with the intent to commit a crime (including theft) is sufficient for a burglary charge, even if the actual theft itself did not ultimately occur. This focus on the intent to commit a crime is a core pillar of a successful nighttime burglary prosecution.

According to D.C. Code § 22–801(b) and § 22–3301, the consequences for nighttime burglary can be severe:

• First-degree burglary (entering an occupied dwelling with intent to commit theft or another felony): This is punishable by up to 30 years in prison.
• Second-degree burglary (entering an unoccupied structure with the same intent): This charge carries a maximum sentence of up to 15 years in prison.
• Attempted burglary: This can result in up to half the maximum sentence for the intended completed offense, meaning even failed attempts at nighttime burglary are heavily penalized.
• Theft of property valued over $1,000: This is a felony offense with up to 10 years imprisonment under D.C. Code § 22–3211, which may be charged in addition to the underlying burglary.

Nighttime intrusion into residential spaces often qualifies as first-degree burglary, especially if someone is present inside the home at the time of the offense. Due to the high potential sentences, anyone facing charges of nighttime burglary requires immediate legal support.

A person returned to their ex-partner’s residence late at night to retrieve personal items left behind. During the visit, they took valuables that did not belong to them.

Despite previous access to the residence, the entry was unauthorized at the time of the incident and occurred at night, which led police to charge the person with burglary and theft. The court focused on the specific intent to steal at the moment of entry and the timing of the offense. In this particular case, if the defendant could successfully show a lack of intent to steal or a genuine misunderstanding regarding permission to enter, the burglary charges might be reduced or potentially dropped, focusing the case instead on the theft component.

An intoxicated individual mistakenly entered a neighboring apartment through an unlocked window, believing it was their own unit. Although items were moved inside the home, nothing was ultimately taken from the premises.

Prosecutors considered charging for attempted nighttime burglary due to the unauthorized entry into a dwelling at night. However, the defense strongly emphasized the defendant's complete lack of specific criminal intent to commit a theft or any other felony inside the unit. This defense argument successfully reduced the charge to unlawful entry or potentially resulted in a pre-trial diversionary outcome, avoiding the severe penalties associated with full nighttime burglary conviction.

If you are charged with nighttime burglary, it’s critically important to follow these immediate steps to protect your rights:

• Avoid speaking to police or investigators without your legal counsel present.
• Gather any available evidence that supports a lack of criminal intent (e.g., text messages, video evidence, or witness testimony).
• Immediately engage a criminal defense attorney who is deeply experienced with D.C. burglary statutes and the nuances of nighttime burglary cases.
• Understand that even failed theft attempts, if coupled with unauthorized entry at night, may lead to significant prison time under D.C. law.

Even if you did not complete the act of theft, D.C. law allows prosecutors to charge you for the attempt alone. Successful defenses may argue that there was no criminal intent to steal, that the structure entered was not legally a "protected dwelling" under the statute, or that consent for entry had previously been granted and not clearly revoked. The defense must carefully challenge the elements of the nighttime burglary charge, especially the timing and the intent.