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 North Carolina, burglary is defined under state statutes and is classified into different degrees based on the circumstances of the offense. First-degree burglary is considered a Class D felony and occurs when a person unlawfully enters an occupied dwelling with the intent to commit a felony therein, especially at night. Second-degree burglary, a Class G felony, involves the same elements but occurs in an unoccupied dwelling. Breaking and entering into buildings other than dwellings with the intent to commit a felony or larceny inside is also a crime, with the severity of the charge varying based on factors such as whether the building was occupied and the time of the offense. Additionally, North Carolina law recognizes other related offenses such as breaking or entering vehicles, which is a separate offense from burglary and is addressed under different statutes. The specific details of the crime, such as the type of structure involved and the defendant's actions, will determine the exact charges and potential penalties under North Carolina law.