Burglary is generally the unlawful entry of a building or structure to commit a felony criminal offense (crime), theft, or assault. The definition of burglary varies from state to state (and in the federal system), and some states have different degrees of severity of the burglary offense, depending on the nature of the unlawful entry (type of building or structure), the intended purpose, and the illegal action taken by the defendant once inside the building or structure. In some states, breaking into an automobile, a coin-operated machine, or an ATM (automated teller machine) with the intent to commit a theft may also constitute the crime of burglary.

A defendant generally commits the offense of burglary of a building or habitation (1) by entering a private habitation or any part of a building that was not open to the public, (2) without the consent of the owner, and (3) with the intent to commit a felony, theft, or assault.

A defendant may also commit the offense of burglary of a building or habitation by entering with consent, but remaining hidden with the intent to commit a felony, theft, or assault—or entering with consent and attempting to commit a felony, theft, or assault, or actually committing a felony, theft, or assault.

Some states make a distinction between burglary of a habitation (a place used for overnight accommodations) and burglary of a building that is not a habitation (home). Burglary of a habitation is usually treated as a more serious offense with greater penalties.

In Delaware, burglary is defined under Title 11, Section 825 of the Delaware Code. The state distinguishes between different degrees of burglary, which are classified based on factors such as the type of building entered, whether it is a dwelling, the time of the offense, whether the perpetrator was armed, and the intent of the perpetrator. First-degree burglary is the most serious and involves entering a dwelling with intent to commit a crime therein, and it becomes aggravated if the perpetrator is armed or causes injury. Second-degree burglary involves unlawfully entering a building with intent to commit a crime, and third-degree burglary involves unlawfully entering with intent to commit a crime but without the factors that elevate it to first or second degree. Burglary of a habitation is generally treated more severely due to the invasion of personal living space. The specific intent to commit a felony, theft, or assault is a key element of the offense, and penalties vary based on the degree of burglary committed. It is important for individuals charged with burglary in Delaware to consult with an attorney to understand the specific charges and potential defenses.