A burglary conviction can lead to long-term imprisonment, high fines, and other penalties that impede on civil liberties.
If you are imminently facing criminal charges for burglary, even if it’s a first-time offense, you may be convicted of a felony. Contact an experienced North Carolina burglary and home invasion lawyer for knowledgeable legal counsel surrounding your case and effective defense that may be the difference between a guilty and not-guilty verdict.
North Carolina Burglary and Home Invasion Laws You Need to Know
Burglary or home invasion is entering a home at night with the intent to commit a felony or theft while you are inside the residence. The charges may often involve theft crimes, but the intent to engage in criminal actions can lead to an arrest for burglary charges. There are two classifications of this offense:
- First-degree burglary: Breaking and entering into someone’s residence, like an apartment or home, at night while someone is inside is classified as a first-degree burglary. This crime is a class D felony.
- Second-degree burglary: Breaking and entering into someone’s residence, like an apartment or home, at night while there is no one inside is classified as second-degree burglary. This crime is a class G felony.
When charged with this crime, it is essential to know that there cannot be a conviction without evidence to prove that the burglary occurred. In your case, the intent, the type of residence, and whether the residence was occupied during the alleged incident will be the primary details that determine penalties. Speak with an experienced North Carolina burglary lawyer for an assessment of the details of your case and the chance to build a strategic case for your defense.
North Carolina Burglary Charges versus Breaking and Entering Charges
Misconceptions occur about the difference between North Carolina burglary charges and breaking and entering charges. The differences lie in the intent to commit a felony and other details of your case. Because of this, you may be charged with a misdemeanor crime of breaking and entering, instead of burglary, if the offense was committed during the day. This isn’t a steadfast rule; felony breaking and entering charges may also apply in some cases.
For specific details surrounding the potential outcomes of your case, speak with a skilled North Carolina breaking and entering lawyer for a chance to argue your intent and work to reduce the penalties in your case.
Potential Penalties for Burglary Charges in North Carolina
Penalties for a burglary or breaking and entering charge can vary depending on several details in your case. Details that determine the severity of sentencing include building type, your intent, and whether there were any occupants inside. Potential penalties include:
- A Class D felony charge: Up to 160 months in prison and high fines
- A Class G felony charge: Up to 31 months in prison and high fines
Aside from criminal felony charges, other negative consequences can include:
- Difficulties renting property
- Issues keeping or obtaining employment
- Difficulties obtaining professional licenses
- Difficulties with obtaining financial aid
- Issues or keeping getting child custody and visitation
- Issues with immigration status
To avoid or diminish severe potential penalties in your North Carolina burglary case, speak with a seasoned lawyer who can work diligently to protect your rights and freedom.
How to Defend Against a Burglary Charge in North Carolina
To be convicted of burglary or breaking and entering offense, they must have proof to show that you indeed committed all of the required elements of the crime. A skilled burglary lawyer can challenge or rebuke any evidence against you to potentially diminish or drop the charges against you. Every burglary case is unique and needs to be evaluated thoroughly for proper defense strategies. Examples of defenses may include:
- You were retrieving your own property in the home
- Lack of evidence to prove intent to steal or commit a felony
- Force or intimidation tactics were not used in the incident
- Residence was not broken into or entered
- Accusations were false, or there was a mistaken identity
Speak with an experienced North Carolina burglary or breaking and entering lawyer for an assessment of your case and a strategic defense that is best for your unique case.
Speak with a North Carolina Burglary and Home Invasion Lawyer at King Law
If you have been charged or are under investigation for burglary or breaking and entering, speak with a seasoned North Carolina lawyer at King Law promptly about your case. We are seasoned and knowledgeable on what defense strategies will serve best for your unique case and will work diligently to diminish or expunge charges against you.
The King Law legal team is committed to aggressively defending your case and conducting thorough investigations to challenge any evidence against you. We understand the significance of protecting your rights and civil liberties so you can save time, money, and freedom. Call (888) 748-5464 to speak with a seasoned burglary lawyer or fill out our contact form for more information.