Code of Alabama
Ala. Code § 13A-7-5 (2026)
Burglary in the First Degree.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A person commits the crime of burglary in the first degree if he or she knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while in dwelling or in immediate flight therefrom, the person or another participant in the crime:
(1) Is armed with explosives; or
(2) Causes physical injury to any person who is not a participant in the crime; or
(3) In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the dwelling or immediate flight from the dwelling, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.
(b) Burglary in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, §2610; Acts 1979, No. 79-471, p. 862, §1; Act 2006-198, p. 286, §1.)
Notes of Decisions
Cited in 125
cases (10 in the last 5 years), 1981–2026 · leading case: Minshew v. State, 542 So. 2d 307 (Ala. Crim. App. 1988).
Minshew v. State, 542 So. 2d 307 (Ala. Crim. App. 1988). “Henderson's mouth, cutting her lip, or having the intent to harm or frighten her, contending that he meant only to settle the domestic difficulties between his wife, her family, and himself.”
United States v. Joshua John Burge, 407 F.3d 1183 (11th Cir. 2005). “However, in order to apply section 924(e), the court considered — -as the third necessary conviction— Burge’s juvenile charge of burglary in the first degree under Ala.Code § 13A-7-5 (1975), which was adjudicated by the Juvenile Court of Mobile County, Alabama.”
Brooks v. State, 973 So. 2d 380 (Ala. Crim. App. 2007). “Code 1975, and burglary in the first degree, a violation of § 13A-7-5, Ala. Code 1975, with respect to Brett Bowyer's father, Forest F.”
McLemore v. State, 562 So. 2d 639 (Ala. Crim. App. 1990). “See Ala.Code 1975, §§ 13A-7-5, 13A-6-61. The same is true concerning burglary and sodomy.”
United States v. Michael Herrold, 883 F.3d 517 (5th Cir. 2018). “gov/data/datasets/2016/demo/popest/counties-total.”
Hutcherson v. State, 677 So. 2d 1174 (Ala. Crim. App. 1994). “1984): "Under Alabama Code 1975, § 13-2-40, defining first degree burglary (not to be confused with burglary as defined in Alabama's new Criminal Code, Alabama Code (1975), § 13A-7-5 et seq.), and at common law, `a defendant who breaks and enters into a dwelling house must, at…”
Ex Parte Gentry, 689 So. 2d 916 (Ala. 1996). “" § 13A-7-5, Ala. Code 1975 (emphasis added).”
Buchannon v. State, 554 So. 2d 494 (Ala. 1989). “Burglary in the first degree is defined in § 13A-7-5, as follows: "(a) A person commits the crime of burglary in the first degree if he knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while…”
Pardue v. State, 571 So. 2d 320 (Ala. Crim. App. 1989). “357 Magnum, in violation of Section 13A-7-5 of the Code of Alabama ..”
Ware v. State, 181 So. 3d 409 (Ala. 2014). “As to the first-degree-burglary conviction, the version of § 13A-7-5 in effect at the time of the offense in' 1993' included as an element of the offense that the defendant , be armed with a deadly weapon or use or threaten the use of a dangerous instrument.”
Thomas v. State, 824 So. 2d 1 (Ala. Crim. App. 2001). “In Davis, the Alabama Supreme Court clarified the standard for determining when a person "remains unlawfully," as that term is used in § 13A-7-5, in stating the following: "Evidence of a struggle that gives rise to circumstantial evidence of revocation of a license or privilege…”
Dawson v. State, 675 So. 2d 897 (Ala. Crim. App. 1995). “See Ala.Code 1975, §§ 13A-7-5, 13A-6-63. First degree rape and first degree sodomy are similar in that both require proof of `forcible compulsion.”
— Ala. Code § 13A-7-5(a) — 20 cases
United States v. Joshua John Burge, 407 F.3d 1183 (11th Cir. 2005). “However, in order to apply section 924(e), the court considered — -as the third necessary conviction— Burge’s juvenile charge of burglary in the first degree under Ala.Code § 13A-7-5 (1975), which was adjudicated by the Juvenile Court of Mobile County, Alabama.”
Ex Parte Gentry, 689 So. 2d 916 (Ala. 1996). “" § 13A-7-5, Ala. Code 1975 (emphasis added).”
Pardue v. State, 571 So. 2d 320 (Ala. Crim. App. 1989). “357 Magnum, in violation of Section 13A-7-5 of the Code of Alabama ..”
Minshew v. State, 542 So. 2d 307 (Ala. Crim. App. 1988). “Henderson's mouth, cutting her lip, or having the intent to harm or frighten her, contending that he meant only to settle the domestic difficulties between his wife, her family, and himself.”
Thomas v. State, 824 So. 2d 1 (Ala. Crim. App. 2001). “In Davis, the Alabama Supreme Court clarified the standard for determining when a person "remains unlawfully," as that term is used in § 13A-7-5, in stating the following: "Evidence of a struggle that gives rise to circumstantial evidence of revocation of a license or privilege…”
— Ala. Code § 13A-7-5(a)(1) — 14 cases
Buchannon v. State, 554 So. 2d 494 (Ala. 1989). “Burglary in the first degree is defined in § 13A-7-5, as follows: "(a) A person commits the crime of burglary in the first degree if he knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while…”
McLemore v. State, 562 So. 2d 639 (Ala. Crim. App. 1990). “See Ala.Code 1975, §§ 13A-7-5, 13A-6-61. The same is true concerning burglary and sodomy.”
Minshew v. State, 542 So. 2d 307 (Ala. Crim. App. 1988). “Henderson's mouth, cutting her lip, or having the intent to harm or frighten her, contending that he meant only to settle the domestic difficulties between his wife, her family, and himself.”
Brooks v. State, 973 So. 2d 380 (Ala. Crim. App. 2007). “Code 1975, and burglary in the first degree, a violation of § 13A-7-5, Ala. Code 1975, with respect to Brett Bowyer's father, Forest F.”
Coral v. State, 628 So. 2d 954 (Ala. Crim. App. 1992).
— Ala. Code § 13A-7-5(a)(2) — 7 cases
Brooks v. State, 973 So. 2d 380 (Ala. Crim. App. 2007). “Code 1975, and burglary in the first degree, a violation of § 13A-7-5, Ala. Code 1975, with respect to Brett Bowyer's father, Forest F.”
Thomas v. State, 824 So. 2d 1 (Ala. Crim. App. 2001). “In Davis, the Alabama Supreme Court clarified the standard for determining when a person "remains unlawfully," as that term is used in § 13A-7-5, in stating the following: "Evidence of a struggle that gives rise to circumstantial evidence of revocation of a license or privilege…”
McCray v. State, 88 So. 3d 1 (Ala. Crim. App. 2010).
White v. State, 179 So. 3d 170 (Ala. Crim. App. 2013).
George v. State, 717 So. 2d 827 (Ala. Crim. App. 1996).
— Ala. Code § 13A-7-5(a)(3) — 3 cases
Birdsong v. State, 267 So. 3d 343 (Ala. Crim. App. 2017).
Birdsong v. State, 267 So. 3d 343 (Ala. Crim. App. 2017).
Jerry Martin Honeycutt v. State of Alabama (Appeal from Fayette Circuit Court: CC-21-431, CC-21-432, CC-21-433, & CC-21-434) (Ala. Crim. App. 2025).
— Ala. Code § 13A-7-5(a)(l) — 1 case
Smith v. State, 770 So. 2d 652 (Ala. Crim. App. 2000).
— Ala. Code § 13A-7-5(b) — 2 cases
Johnson v. State, 500 So. 2d 69 (Ala. Crim. App. 1986).
Smith v. State, 770 So. 2d 652 (Ala. Crim. App. 2000).
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