I was at a party when the cops were called for noise. I decided to leave out the back and run through my neighbors yards to my house which is 5 house away. I hopped one fence and then I could not get out. The owner of the house came out and told the people there was a man trespassing in his garden. Then arrested me and charged me with burglary. Is this burglary and what punishment am I looking at if I have no record?

Technically, burglary involves the breaking of a plane - not the actual breaking IN - so if, for instance you reach thru someone's car window, once your hand passes the exterior of the vehicle (breaking the plane of the edge of the car), you have committed burglary. Similarly for houses, if you have a structure with (usually) at least two sides (like a carport) and you cross the "plane", then you have committed burglary, even if you never entered the actual residence or took anything. The police are probably arguing that jumping the fence(s) constituted breaking the plane - but assuming these are yards, and no structure is involved, it's most likely trespassing and perhaps criminal michief depending on how creative the DA wants to get. Depending on the definitions in the statutes in your state, opening and passing through fences or gates of certain heights or types might constitute burglary, but your defense attorney should be able to fill you in on the particulars or plead your case down to trespass.

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I agree with aardvark. It sounds a little odd to me that you would be charged with burglary for jumping over the fence and running through a neighbor's yard. In most states, there usually has to be more - like intent to steal or commit a felony. I suggest you speak to an attorney immediately regarding your legal options - whether a court appointed public defender or a private attorney you hire to defend you. You can find more information about an attorney through the attorney locator service on LawInfo's home page at: http://www.lawinfo.com/. Some do offer free consultations.