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 West Virginia, burglary is defined under West Virginia Code §61-3-11. The state distinguishes between burglary and entering without breaking. Burglary is considered a felony and involves breaking and entering into a dwelling at night with the intent to commit a felony therein. The severity of the charge can be influenced by factors such as whether the building is a dwelling, the time of the offense, and whether the entry was forcible. West Virginia also recognizes the crime of daytime burglary, which is also a felony, and involves similar elements without the requirement of nighttime. Additionally, entering without breaking can occur at any time of day and involves entering any building with the intent to commit a crime, without breaking, which is a lesser offense. Penalties for burglary can be severe, including prison time and fines, and are more severe if the burglary involves a dwelling or if the defendant was armed with a deadly weapon during the commission of the crime.