Washington D.C. Nighttime Burglary and Theft Laws: Key Elements, Penalties, and Case Guidance

The offense must occur at night. While "night" isn't rigidly defined, courts often consider the period between sunset and sunrise as the relevant window. Crimes occurring during these hours can lead to enhanced penalties.

The suspect must have entered a dwelling, business, or other enclosed structure without permission. Under D.C. Code § 22–801, entering any dwelling or building with the intent to commit a crime (including theft) is sufficient—even if the theft itself did not occur.

The person must have intended to take another’s property without consent and with the intent to permanently deprive the owner of it. Even if the theft was unsuccessful, merely attempting it may result in prosecution for an attempted burglary under D.C. law.

According to D.C. Code § 22–801(b) and § 22–3301:

• First-degree burglary (entering an occupied dwelling with intent to commit theft or another felony): up to 30 years in prison.
• Second-degree burglary (entering an unoccupied structure with the same intent): up to 15 years in prison.
• Attempted burglary: up to half the maximum sentence for the intended offense.
• Theft of property valued over $1,000: felony charges with up to 10 years imprisonment under D.C. Code § 22–3211.

Nighttime intrusion into residential spaces often qualifies as first-degree burglary, especially if someone is present inside at the time.

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

Despite previous access to the residence, the entry was unauthorized and occurred at night. Police charged the person with burglary and theft. The court focused on intent and timing. In this case, if the defendant could show lack of intent to steal or misunderstanding, charges might be reduced or dropped.

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

Prosecutors considered charging for attempted burglary. The defense emphasized lack of criminal intent, which could reduce the charge to unlawful entry or result in diversionary outcomes.

It’s critical to:

• Avoid speaking to police without legal counsel.
• Gather any evidence that supports lack of intent (e.g., text messages, videos).
• Engage a criminal defense attorney experienced with D.C. burglary statutes.
• Understand that even failed theft attempts may lead to prison time.

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, that the structure entered was not a protected dwelling, or that consent had previously been granted.