Burglary is a crime that carries severe penalties. Under local law you can face 15 years to life in prison for a conviction like this. Because of this, an accusation could potentially devastate your life.
If you are charged with an offense like this, an experienced Charleston burglary lawyer could fight tirelessly to protect your rights. Allow a steadfast theft attorney to build a strong defense to lessen your potential penalties.
At Adams & Bischoff, we treat burglary accusations as issues of evidence. The state must show an entry without permission and an intent that existed at the moment of entry. These cases often depend on assumptions rather than direct evidence, so early review of the facts matters.
Burglary charges can also create immediate pressure through bond terms, no-contact conditions, and quick court dates. Involving a Charleston burglary attorney early can explain what the State still has to prove, and help you make decisions that fit your long-term goals. Contact our firm today to schedule a consultation with a seasoned theft defense attorney.
What is a Burglary Charge in Charleston?
To convict someone, the prosecution must prove the following two elements: that person entered a structure without consent and that they intended to commit a crime inside that structure.
Entering without Consent
It must be proven that the defendant entered a building and did so without permission from the owner, or used deception or a form of misrepresentation to gain entry, as stated in South Carolina Code of Laws § 16-11-310. Burglary does not have to involve actual breaking and entering.
Determining permission is not always simple, as consent can be limited, withdrawn, or misunderstood, and not every person at a property has the authority to grant access. When the prosecution claims deception or misrepresentation, our defense often focuses on what was actually said and whether it proves an entry without permission.
Intent to Commit a Crime
It must also be proven that you entered a structure with the intent to commit a crime there. Intent is frequently the most contested element, as prosecutors must infer intent from circumstances, such as where you went or what you carried. Timing also matters, as the state must show the intent existed when you entered, not that it was formed later.
The prosecution must have sufficient evidence in both elements to convict someone. A skilled burglary attorney in Charleston may be able to build a strong rebuttal disproving the required elements, which could result in the dismissal of a charge.
Dwellings and Buildings
Laws in the state protect both dwellings and buildings. As per S.C. Codes §§ 16-11-10 and 16-11-310, a dwelling includes any structure that is used for living, sleeping, and lodging.
A building includes any structure, vehicle, watercraft, or aircraft where people live or assemble for specific purposes such as business, government, or religious purpose.
The penalties depend on whether someone enters a building or dwelling because illegal entry into a dwelling carries harsher punishments. An experienced Charleston burglary attorney might help prove the structure is a building rather than a dwelling.
The dwelling versus building distinction can heavily affect your case, as the definition centers on whether the structure is used for living, sleeping, or lodging. Proving whether the place you are accused of entering is a building or dwelling often involves objective details about how the structure was set up and used at the time, and it is often a key point to investigate.
The penalties for burglary depend on whether you entered a building or a dwelling, as illegal entry into a dwelling carries harsher penalties. An experienced Charleston burglary attorney could help prove the structure is a building rather than a dwelling.
Degrees of Burglary and Penalties
Pursuant to S.C. Codes §§ 16-11-311 through 16-11-313, burglary is divided into three categories: third degree, second degree, and first degree. All types are felonies.
Third Degree
This occurs when a suspect enters a building without permission and with intent to carry out a crime. A first-time offender faces up to five years in prison for a third-degree conviction, and a second-time offender faces up to ten years in prison. This is the least severe of the different degrees.
Second Degree
This is when someone enters a dwelling without permission with intent to commit a crime and none of the first-degree factors are present. If someone is convicted, they can face up to ten years in prison.
If the crime is in a building and occurs at night or the defendant has two or more prior convictions, they could face second degree charges. If charged, the accused may be sentenced to up to 15 years in prison. At least one-third of their sentence must be served before they are eligible for parole. A well-versed burglary attorney in Charleston could help someone reduce the sentence of their conviction.
First Degree
This involves the unauthorized entry into a dwelling with the intent to carry out a crime inside. During the alleged crime, or while fleeing, the suspect:
- Is armed with an explosive or deadly weapon
- Physically injures someone who is not involved in the crime
- Uses, or threatens to use, a dangerous device
- Displays what is, or appears to be, any type of gun or a knife
If someone commits burglary at night, or has two or more previous convictions, they may be charged in the first degree. Someone charged in the first degree faces 15 years to life in prison.
Degrees can rise based on factors tied to risk, including nighttime allegations, prior convictions, weapon allegations, or injury claims. Our strategic defense attorneys analyze what the evidence can and cannot support, and whether the charge level matches the proof.
Burglary differs from other theft-related offenses because it focuses on the combination of entry and intent, meaning you can be accused even if nothing was taken. Furthermore, the prosecution may file additional charges for property damage, possession of tools, or alleged theft. Reviewing every charge with a burglary defense lawyer in Charleston is important because the same evidence is often used to support multiple accusations.
Types of Evidence in a Burglary Case
Burglary allegations often hinge on a small set of records. An early review can preserve details and expose gaps. Useful evidence can include:
- Surveillance video
- Body-worn camera video and interview recordings
- Photos of doors, windows, and the surrounding area
- Fingerprint or DNA reports and collection notes
- Phone location data and time-stamped communications
- Witness statements and dispatch timelines
Our team uses this material to evaluate identity, entry, and intent, and to decide whether your case calls for targeted challenges to the prosecution’s proof or a negotiated resolution that limits long-term harm.
Talk to An Experienced Charleston Burglary Attorney Today
Being charged with burglary can carry severe penalties. A first degree charge may lead to in prison for life, which is a steep conviction usually associated with a murder charge. An experienced Charleston burglary lawyer may be able to mitigate your prison time, help you avoid life in prison, and work tirelessly for the best possible outcome in your case.
If you have been arrested, preserve any messages, call logs, and receipts that relate to timing and location. In addition, avoid informal conversations about the allegation, as statements can be misunderstood or taken out of context. A consultation with our firm could give you a plan for what to do and what to avoid while your case is pending.
Call a seasoned attorney today for a consultation. You are entitled to a strong defense and a team that puts your well-being as its priority.