Is Burglary a Violent Crime? An Empirical Investigation of the Armed Career Criminal Act’s Classification of Burglary as a Violent Felony

Abstract

Traditionally considered a non-violent property offense, burglary is nonetheless classified as a violent crime under the federal Armed Career Criminal Act (ACCA). The ACCA, a three-strikes law that provides a mandatory minimum sentence of 15 years, is triggered when an offender, who has been previously convicted for a crime classified under the ACCA as either a “violent felony” or “serious drug offense,” is convicted at the federal level for any felony committed while in possession of a firearm. The present study investigated the ACCA’s classification of burglary as violent through analysis of National Crime Victimization Survey data for the period of 2009 to 2014. Results showed that burglary is overwhelmingly a non-violent offense. The national incidence of actual violence or threats of violence during a burglary was 7.9%. At most, 2.7% of burglaries involved actual acts of violence. Legislative reform of the ACCA classification to match the empirical description of burglary is discussed.