A burglary offense has the potential to land you in prison for years. When you are accused of a crime like this, you need all the help you can get. It’s easy to feel like no one is on your side when the cops and the prosecutor would love nothing more than for you to be convicted. Fortunately, you have options.
No two burglary cases are the same, but an experienced criminal defense attorney will be able to use their past experience in local courtrooms to ensure everything is done to potentially minimize the effects of this case on your life.
Whether you were the mastermind of a burglary plot and you now sincerely regret what you did, or if you were merely along for the ride and had no idea what was about to go down—we can help.
North Carolina Burglary Laws and Penalties
North Carolina uses the common law definition of burglary which states:
Burglary is the unlawful intrusion (breaking and entering) onto property or a building with the intent to commit a crime therein.
Under North Carolina law, there are two different classifications for burglary. These are first and second degree burglary.
First Degree Burglary
You could be facing charges of first degree burglary if you are accused of burglarizing someone’s home or dwelling when someone is present. This crime is classified as a Class D Felony.
A conviction for a Class D Felony carries a presumptive sentence of 64 to 80 months if you have no criminal record. However, if you have a criminal record, the penalty can be more severe.
Second Degree Burglary
Second degree burglary is the applicable charge when you burglarize a home or dwelling when no one is home. This crime is classified as a Class G felony. It carries 10 to 13 months in prison when there is no criminal record present.
Breaking and entering is a very similar charge to burglary, with the main difference being that the property in question is not a dwelling but some other type of building. If you are convicted of this offense you could face Class H Felony charges if it can be proven that the offense was committed with the intent to commit a felony.
A Class H felony can carry a presumptive sentence of 5 to 6 months in prison if you have no criminal record.
The consequences for a burglary charge in the state of North Carolina are severe. If you are accused of burglary or breaking and entering, contact our offices today to discuss how we might be able to help.