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 Alabama, burglary is defined under the Alabama Criminal Code in Sections 13A-7-5 to 13A-7-7. The state distinguishes between different degrees of burglary based on the circumstances of the offense. First-degree burglary is the most serious and involves entering or remaining unlawfully in a dwelling with intent to commit a crime therein, and either being armed with explosives or a deadly weapon, causing physical injury to any person who is not a participant in the crime, or using or threatening the immediate use of a dangerous instrument. Second-degree burglary also involves unlawfully entering or remaining in a dwelling with intent to commit a crime, but without the aggravating factors required for first-degree burglary. Third-degree burglary involves unlawfully entering or remaining in a building with intent to commit a theft or felony therein. Alabama law also recognizes burglary involving a vehicle, which is separate from the building or habitation burglary statutes. The penalties for burglary in Alabama vary depending on the degree of the offense, with first-degree burglary carrying the most severe penalties, including potential imprisonment.