Home » Practice Areas » Criminal Law » North Carolina Criminal Law 14-54: Felonious Breaking or Entering
Breaking or entering is a severe crime in North Carolina that can be charged as a felony or misdemeanor. Felony offenses may be punished by a lengthy prison sentence. Felonies are divided into different categories, which are Class A, which is the most serious, to Class I. A conviction for breaking or entering can lead to time in prison and a permanent criminal record.
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If you have been involved in breaking or entering, you may not know what to do. The help of a North Carolina criminal defense attorney can provide you with information regarding the next steps if you have been accused of breaking or entering.
The following elements determine if a person has committed felonious breaking or entering.
Breaking does not only refer to the actual breaking. It could be constructive if the defendant entered a building by trick, fraudulent representation, or force. A building is identified as an uninhabited house, actual building, or a structure intended to keep people and property secure.
If you have been accused of breaking or entering, you should get the help of a knowledgeable criminal lawyer to discuss the specifics of your case. Even though each case is different, possible defenses for breaking or entering include:
Felonious breaking or entering a building is a class H felony, and the maximum jail time is 39 months. The forms of punishment that can be imposed are intermediate, active, or suspended periods of incarceration. The sanctions that can be imposed include:
The penalty will depend on the class of felony, disposition ranges, and the person’s prior convictions.
The sentence imposed on a defendant depends on the defendant’s criminal record and the individual facts of the case. North Carolina’s structured sentencing system follows the steps below to determine the punishment:
Once the above steps are followed, there will be flexibility in deciding whether the defendant gets a minimum or maximum punishment. Sentences may involve community punishments, probation, or intermediate punishments.
When you have been charged with breaking or entering, you’ll have questions about the law process. Low-level felony cases may be resolved in a district court through plea agreements. If it is impossible to solve the case in a district court, it is taken to a grand jury. The grand jury will return an actual indictment bill if they believe the defendant committed the felony.
The case will then be transferred to a superior court. If no agreement has been reached, the defendant may plead not guilty and request a jury trial. Twelve impartial jurors are chosen from the community. The prosecution has to show that the defendant committed the felony beyond a reasonable doubt. If the prosecution cannot show proof of a crime, the jury returns a not guilty verdict. If the defendant is found guilty, the judge will impose a sentence.
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Our criminal law attorneys defend clients against felony and misdemeanor charges in North and South Carolina. We understand how intimidating it is to be charged with a crime and face the criminal justice system.
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A felony carries severe penalties, which include a lengthy prison term and a criminal record. If you have been charged with felonious breaking or entering, contact King Law criminal lawyers immediately. We have helped clients in the North Carolina area and will build a strong defense on your behalf to reduce the negative consequences of your case.
Breaking or entering has long-term consequences if you are convicted. You’ll need to consult a North Carolina criminal attorney to protect your legal rights. We will build a strong defense that may help give you the best possible outcome in your case. Call us at (888) 748-5464 or fill out our contact form to set up a consultation.
