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 Delaware, burglary is defined under Title 11 of the Delaware Code, which outlines different degrees of burglary based on the circumstances of the offense. Burglary in the first degree, considered the most serious, involves unlawfully entering a dwelling with the intent to commit a crime therein, especially when the perpetrator is armed with explosives or a deadly weapon, or causes physical injury to any person who is not a participant in the crime. Second-degree burglary involves similar elements but without the aggravating factors of a deadly weapon, explosives, or injury. Third-degree burglary is a broader category that includes unlawfully entering any building with intent to commit a crime therein. Delaware law also recognizes a separate offense for possession of burglar's tools, which is having any tool or device with intent to use or allow the use of such tool for the commission of a burglary or theft. The specific intent to commit a crime once inside the building is a critical element of burglary in Delaware, and the severity of the charge can be influenced by factors such as the type of building entered and whether the entry was accompanied by violent or potentially violent actions.