North Carolina Breaking and Entering Lawyer

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.

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.

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. 

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.