Misdemeanor Breaking or Entering in North Carolina

Misdemeanor breaking and entering, or B&E, is categorized as a Class 1 misdemeanor. It is a crime that falls under North Carolina criminal law whereby the accused breaks or enters someone’s building wrongfully, without their approval, or without right. The North Carolina B&E statute refers to a building as any dwelling house, dwelling, building under construction, uninhabited house, and any structure meant to house or safeguard any property or activity within it. 

The presiding prosecutor must incontestably prove the following elements against the defendant: 

• The defendant did break in or enter
• It was an actual building the defendant broke into or entered 
• The defendant had no permission from the tenant or owner of the building
• The defendant gained entry without right or wrongfully at the time of committing the crime

It is worth noting that breaking is not just the actual breaking where barriers are removed. It can also construe gaining entry into a building by use of tricks, threat, force, or fraudulent representation.

Misdemeanor breaking or entering is punishable by a fine and a maximum of 120 days in jail, dependent on any prior convictions and level of charge. That said, if it’s the defendant’s first offense, they face a sentence not exceeding forty-five days as community service. Second and third offenders can be liable to three punishment categories; active or incarceration term, community punishment, or intermediate punishment.

This means there’s a possibility for a previously convicted person not to receive a jail time sentence. Other punishments can include fines, probation, restitution, undergoing a cognitive behavioral program, and court costs.

Note that both breaking and entering do not have to take place; either one is enough for you to violate the law. Examples of misdemeanor breaking and entering are:

• Walking through an open door without consent
• Breaking or entering a building to sleep inside
• Overcoming a building’s security measure
• Breaking a building’s window and either getting in or not entering
• Opening an already cracked open door
• Breaking into a neighbor’s or friend’s house
• Entering a random building through an unlocked door to shelter from bad weather
• Breaking into a neighbor’s house to swim in their pool while they are away
• Helping an acquaintance shift to a new location that has, say, a gym; later returning there without the friend’s knowledge and breaking into the gym area to use it

These and many more instances can be a violation of the related North Carolina Criminal Statute as long as you enter any premises without consent.

Because misdemeanor B&E is quite broad, a criminal defense lawyer will enlighten you on what your charges constitute. They can help you understand the details of what a Class 1 misdemeanor entails, answer any questions you may have, as well as offer information on what to expect in court. Through them, you can recognize your rights and the options at your disposal.

We understand that this may be a difficult and unpleasant time for you, knowing that it can affect your records and have lifelong consequences. For example, it can be challenging to secure a job, get a loan, advance your education, or apply for housing once you are convicted. As such, a lawyer will not only treat all you say with confidence, but also help fight these charges, uphold your rights, and protect your freedom or obtain a reduced jail time. 

You can therefore trust the attorney with all the necessary details related to the case at hand, even if you are guilty. They can then act in your defense by explaining your story and intent. Remember to avail all the relevant paperwork to ease the defense preparation process. These include warrants for arrest, release orders, charging citation copy, and search warrants. With the assistance of a criminal defense attorney, you can challenge the misdemeanor breaking and entering crime through solid defenses like mistake of fact, entry consent by the premises’ owner, necessity, or even rightful entry.