If you are implicated in a breaking and entering offense in North Carolina, understanding the penalties and how they apply to your specific case is vital. Hiring a criminal defense lawyer should be your first step. While it might be daunting to navigate through the complex legal system, partnering with a seasoned defense lawyer can guide you through every legal turn, potentially reducing your sentencing or even getting charges dropped altogether. In this article, we discuss breaking and entering charges in North Carolina so penalties if convicted.
What is Breaking and Entering in North Carolina?
Breaking and entering have penalties ranging from probation to prison time. In North Carolina, breaking and entering is defined as illegally entering someone else’s property without permission or authorization. It is considered to be a type of burglary, which is usually classified as either a first- or second-degree offense, depending on the circumstances of what happened.
The severity of the sentence for breaking and entering will depend on a variety of factors, such as whether any property was stolen or damaged during the incident. The judge will also take into account whether or not this was your first offense or what other charges are on your criminal record.
First vs. Second-Degree Burglary
With first-degree burglary, there were people in the home or commercial building that has been entered. It cannot be the area around the home, and there must be an intent to commit a felony. According to NC § 14-51., it is punishable as a Class D Felony and is punishable by up to 204 months of incarceration.
Second-degree burglary charges can be filed against you even if you are in the curtilage, or area around the dwelling. Usually, the dwelling isn’t occupied. The maximum jail time for this Class G Felony is 47 months.
Contact a North Carolina Criminal Defense Lawyer
If you or a loved one have been charged with breaking and entering North Carolina, it’s important that you contact an experienced criminal defense attorney right away. As an experienced attorney, Dewey P. Brinkley will be able to review your case and develop a strategy that will help minimize any potential penalties that you may face.
He will also be able to explain all your options so that you can make an informed decision about how best to proceed with your case. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form to schedule a free consultation to discuss your case.