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 Mississippi, burglary is defined under Mississippi Code Section 97-17-23 as breaking and entering into a dwelling house, inner door of a dwelling house, tent, ship, or other vessel, with the intent to commit a crime, unless the act is done in the presence of the owner or by his or her consent. Mississippi law distinguishes between burglary of a dwelling, which is considered a more serious offense, and burglary of other structures like commercial buildings. The severity of the burglary charge can also be influenced by factors such as whether the burglary was committed at night or if the offender was armed with explosives or a deadly weapon. Mississippi does not specifically categorize burglary by degrees, but the penalties can vary based on the circumstances of the crime, with burglary of a dwelling carrying a potential sentence of up to 25 years in prison. Burglary of an automobile, coin-operated machine, or ATM may fall under different statutes, such as auto burglary under Section 97-17-36, which is treated as a separate offense with its own set of penalties.