Burglary crimes in South Carolina are nuanced, often depending on the circumstances, location of the crime, and whether aggravating circumstances outweigh mitigating ones. The three degrees of burglary are all felonies, with burglary in the first degree resulting in a conviction that could land you in prison for life, even when you do not hurt anyone in the process.
The prosecutor has the difficult task of proving you guilty beyond a reasonable doubt, which is different than the lesser duty to prove it by the preponderance of the evidence sought in civil cases. A Goose Creek burglary lawyer can employ many strategies to cast doubt on the prosecutor’s case and convince a jury to find you not guilty. Call today to speak with a seasoned criminal defense attorney.
What is Burglary?
South Carolina prosecutors must prove the accused entered a building or a dwelling without the owner’s consent and with the intent of committing a crime. A dwelling is a structure where a person lives; a building is any structure that is not living space, such as a retail store, warehouse, or backyard storage shed.
Third-Degree Charges
A third-degree burglary charge is justified when it is a first or second offense, the entry was to a building rather than a dwelling and no aggravating factors are present. Although this is the least severe burglary charge, the accused person should still take the charge seriously. A third-degree burglary charge is a felony carrying a punishment of up to five years in prison for a first conviction and up to 10 years for a second.
Second-Degree Charges
A burglary is second-degree when the perpetrator enters a dwelling rather than a building, and no aggravating factors are present. Anyone convicted of this degree of robbery could spend up to 10 years in prison.
When someone enters a building at night to commit a crime while brandishing a weapon or threatening to use one, or hurts someone inside the building, prosecutors could charge them with second-degree burglary with violence.
A third charge with two or more convictions for breaking into homes could lead to a second-degree felony charge. Because of the aggravating circumstances, anyone convicted could be sentenced to up to 15 years in prison and are not eligible for parole until they serve at least one-third of their sentence.
First-Degree Charges
First-degree burglary is charged when the accused meets the description of second-degree burglary with violence but enters a home rather than a building to commit a crime. The minimum prison sentence is 15 years, but it could be as long as life. A knowledgeable attorney in Goose Creek could evaluate a burglary charge and help the alleged defendant build a strong case.
Aggravating Factors Enhance a Burglary Charge
When prosecutors charge people with burglary, they consider aggravating factors. A Goose Creek lawyer fighting to lessen burglary charges will present mitigating factors in their argument. Aggravating factors could include the following:
- The burglary was committed at night
- The accused was armed or stole a weapon during the burglary
- The accused hurt an innocent person they encountered in the burglary
- The accused has at least two prior burglary or related convictions
A legal representative will outline mitigating factors to defend the alleged offender, such as the defendant’s young age or lack of a criminal record.
A Burglary Attorney in Goose Creek Ensures You Are Treated Fairly
Burglary is a serious crime in South Carolina, with punishment for a first-degree felony being as severe as murder penalties. Before you talk to the police or try to explain what happened, call our legal team members. Your freedom and future are at risk. Once we know the circumstances, we can craft a strong defense and negotiate for lesser charges or probation.
There are numerous defenses we could rely on. A Goose Creek burglary lawyer ensures your rights are respected and you receive the best defense possible.