I'm a lawyer. Actually, under British "common law" centuries ago two of the "elements" of burglary was that it had to be (1) a residence and (2) at night. So if you broke into a business or broke into a residence during the day, it was not considered "burglary".
And it's only "burglary" if there's no one there. If there IS someone there it's "robbery", not "burglary".
