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Third Degree Burglary Charges – Felony or Misdemeanor

Robert Stahle • July 10, 2018
Third Degree Burglary Charges - Fitch & Stahle Law Firm

Burglary is defined as the unlawful, forced entry of a building, home or other such structure with the intent to commit theft, assault or a felony. It’s a common misconception that burglary must include some element of theft. While this may frequently be the case, it’s the intent to commit one of the above crimes, even if theft is not involved, that is the most defining element of a burglary case.

This basic definition is used by practically every state in the nation. Within this broad definition lies several classifications of burglary known as degrees. First and second-degree burglary charges are viewed as felonies. Third degree burglary is also considered a felony, except under certain stipulations, and it differs from first and second-degree charges as it’s often seen as a wobbler offense – meaning that it can be charged as felony or misdemeanor, depending on the circumstances of the individual case.

Third degree burglary charges can be complex. Let’s take a closer look at crimes of burglary and how exactly those of the third degree are defined.

Burglary, Robbery and Theft – Are They All the Same?

The terms burglary, robbery and theft are often used interchangeably by those outside of legal industries. To the average person, they all represent the same basic thing – an unwanted intrusion and loss of property.

Burglary, the most serious of these crimes does not require an act of theft to define it. To be considered burglary, the following 3 elements must be proven:


  • Structure or building : The intent to gain unlawful access to a building or structure, including automobiles and curtilage of property.
  • Force: The act of using force, blackmail or threat to gain access to a building or structure without permission.
  • Intent: There must be intent to commit the above two elements.

What Is Third Degree Burglary?

Third degree burglary is a sort of catch all phrase for crimes that don’t fall under the category of first or second degree. To understand what this means, we first need a basic knowledge of first and second-degree crimes.


  • First Degree Burglary: The most severe felony charge involving the intent to forcibly and unlawful enter a structure where one or more people are present, with the perpetrator being in possession of a dangerous weapon, explosive device or incendiary material and/or recklessly or intentionally inflicts harm upon another person.
  • Second Degree Burglary: This charge occurs when a person forcefully and unlawfully enters a structure while in possession of a dangerous weapon or explosive device, but with no other person present. Or, forced, unlawful entry without the accompaniment of dangerous devices, but with at least one person present.

Third degree burglary encompasses most other crimes with the three defining elements but lacking the components of first or second degree. For example, entering a structure with the intent to commit any crime other than theft, assault or a felony or the burglary of an unoccupied motor vehicle.

Why You Need an Expert Burglary Attorney on Your Side

While many states classify third degree burglary charges as felonies, it’s often viewed as a wobbler offense, meaning the right legal team can often have charges reduced from a felony to a misdemeanor. If you’re facing imprisonment and fines with a third-degree burglary charge, contact Fitch & Stahle Law Offices today for a free consultation. We’re here to help.

By Robert Stahle June 25, 2025
Legal Steps You Should Take The moments after a car accident are chaotic and frightening—but when you realize the other driver may be drunk, the fear and uncertainty intensify. You may be injured, confused, and unsure of what to do next. Taking the right steps immediately after the accident can significantly affect your ability to recover physically, emotionally, and financially. At Fitch & Stahle Law Firm , we’ve helped countless victims in Iowa and Nebraska who were hit by drunk drivers. If you ever find yourself in this situation, here’s what you need to know and do. 1. Call 911 Immediately Your safety and the safety of others come first. Call 911 to report the accident and request emergency medical assistance if anyone is injured. Make sure to inform the dispatcher if you suspect the other driver is impaired—this can ensure police respond quickly and gather critical evidence at the scene. When the officers arrive, give them an honest account of what happened, but avoid speculating or assigning blame. Stick to the facts. Law enforcement will perform sobriety tests or request a breathalyzer if they suspect intoxication, which is key evidence in your future claim. 2. Seek Medical Attention—Even If You Feel Fine Many injuries from auto accidents don’t show symptoms right away. Adrenaline can mask pain, and some injuries (like concussions or soft-tissue damage) take time to reveal themselves. Always get checked out by medical professionals at the scene or follow up immediately with your doctor. Having documented medical treatment is also essential for your legal case. Insurance companies often challenge claims that don’t have clear, timely medical records. 3. Gather Evidence at the Scene (If You Can) If you're physically able to, collect as much evidence at the scene as possible: Take photos of both vehicles, the accident site, and any visible injuries. Note the time, location, road conditions, and any nearby businesses or traffic cameras. Get the names and contact info of any witnesses. Write down anything you observe about the other driver—slurred speech, empty containers, erratic behavior. The more details you preserve early on, the stronger your claim will be. 4. Avoid Talking to Insurance Companies Without Legal Counsel After the accident, the at-fault driver's insurance company may reach out quickly. They may seem sympathetic, but their goal is to minimize their financial liability. Avoid giving recorded statements, signing any documents, or accepting a settlement before speaking to an attorney. Even your own insurance company may not act in your best interest if the claim involves underinsured or uninsured motorist coverage. A lawyer can handle these conversations and protect your rights. 5. Contact a Personal Injury Attorney Right Away Drunk driving accident cases can involve criminal and civil elements, multiple liable parties, and complex insurance policies. A qualified personal injury attorney can: Preserve evidence File paperwork on time Handle negotiations Represent you in court if needed At Fitch & Stahle , we know how to build a case that reflects the full impact of the crash—including medical bills, lost income, pain and suffering, and possible punitive damages . If you’ve been hit by a drunk driver in Iowa or Nebraska, don’t navigate the aftermath alone. Contact Fitch & Stahle Law Firm for a free consultation. We’ll walk you through every step, protect your rights, and fight for the full compensation you deserve.
By Robert Stahle June 18, 2025
When someone is injured by a drunk driver, the first question is often: “Will they go to jail?” Criminal charges such as DUI or OWI (Operating While Intoxicated) are often filed against the driver, especially if injuries or fatalities are involved. While this may result in fines, license suspension, or even jail time, the reality is this: a criminal case won’t pay your bills. To recover financial compensation for your injuries, you need to file a civil claim —a personal injury lawsuit. This is where true accountability happens for victims. At Fitch & Stahle Law Firm , we help people across Iowa and Nebraska navigate the civil justice system and pursue the compensation they need after a drunk driving accident. Here’s what you should know. Civil Cases Are Separate from Criminal Trials Many victims assume that if the driver is arrested and convicted of DUI, they’ll automatically be compensated. But criminal proceedings are about the state punishing the offender—not helping the victim recover. In fact, you can file a civil lawsuit even if the driver isn’t charged or convicted. While a conviction helps prove liability in civil court, it’s not required. Your personal injury attorney will build a case based on evidence of negligence and damages—whether or not the state takes action. What Damages Can You Recover in a Civil Claim? Civil cases allow victims to recover a broad range of compensatory damages , including: Emergency medical bills Ongoing treatment and rehabilitation Lost wages and future income Pain and suffering Mental anguish Vehicle and property damage Loss of enjoyment of life In many drunk driving cases, you may also be entitled to punitive damages . These are awarded to punish gross negligence—like driving with a high blood alcohol content or with prior DUI convictions. Punitive damages can dramatically increase your total compensation and serve as a warning to others. The Role of an Attorney in Building Your Case Civil lawsuits require a thorough investigation, documentation, and expert testimony. At Fitch & Stahle, we begin by collecting all the evidence: police reports, toxicology results, dashcam footage, witness statements, and medical records. If needed, we consult with accident reconstruction experts to establish what happened and why. We then calculate both economic damages (like medical bills) and non-economic damages (like emotional trauma), making sure no part of your suffering is overlooked. We also handle all communication with insurance companies and opposing counsel. Our team is skilled in negotiation and litigation, and we’re fully prepared to take your case to court if a fair settlement isn’t offered. When Third-Party Liability May Apply In some situations, additional parties may be held responsible. For example: Bars or restaurants that overserved the driver may be liable under dram shop laws Employers who allowed a known impaired driver to operate a company vehicle could also face liability We explore all angles to make sure you’re fully compensated. If you’ve been injured by a drunk driver in Sioux City or surrounding areas, the criminal justice system alone won’t protect your future. Let Fitch & Stahle Law Firm help you file a civil claim, recover full compensation, and hold the drunk driver—and any responsible parties—accountable. Contact us today for a free case review.
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