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.

In Arkansas, burglary is defined under Arkansas Code Annotated § 5-39-201. The statute classifies burglary as knowingly entering or remaining unlawfully in a residential occupiable structure, or any building, structure, or vehicle, with the purpose of committing any offense punishable by imprisonment. The intent to commit a crime must be present at the time of entry. Burglary is typically charged as a felony in Arkansas, with the degree of the charge varying based on factors such as whether the burglary involved a residential or commercial property, the time of day, and whether a weapon was involved. Residential burglary is considered more serious and is classified as a Class B felony, while burglary of a commercial property is generally a Class C felony. Additionally, Arkansas recognizes different degrees of severity for burglary, which can affect the penalties upon conviction. Penalties for burglary can include imprisonment, fines, and restitution. It is important for individuals charged with burglary in Arkansas to consult with an attorney to understand the specific charges and potential defenses available to them.