Lexington Burglary Lawyer

Burglary in South Carolina occurs when someone enters a building of another without consent and with the intent to commit a crime. The most important part of this offense is that a person did not have consent or permission and then they entered with the intent to commit a crime.

There are three different types of burglary including first degree, second degree, and third degree.  Those can be found in South Carolina Code Sections 16-11-311,-312, and-313, and those are for each degree of burglary in South Carolina.

If you were accused of committing burglary, you should discuss your options with an experienced Lexington burglary lawyer.  A knowledgeable larceny attorney could review the evidence and help you build a defense against the charges.

How Does the Prosecution Treat Burglary Charges?

Prosecutors are aggressive on burglary charges because it is a victim crime. Generally, a person feels like their security and the sanctity of their home have been compromised. Prosecutors are aggressive in these types of cases, and they are looking for a conviction.

Elements That the Prosecution Has to Prove

The elements the prosecution needs to prove in a burglary case depend on the degree. For a first-degree burglary in Lexington, they have to prove the base elements of entering a building of another without consent of a crime. Additionally, the crimes have to involve a building, the use or threat of a deadly weapon, or physical injury to a non-participant. Or the defendant has a prior record of two or more burglaries or they have the breaking or entering occurring at nighttime.

Also, there are two different types of second-degree burglaries, including non-violent and violent. For second degree, while entering or leaving being armed with a deadly weapon or causing the physical injury, using or threatening to use of a deadly instrument, or displaying what appears to be a knife or a firearm, or the defendant has a prior record of two or more burglaries or housebreaking or the breaking or entering occurs at nighttime. Third-degree burglary has the same elements of entering a building of another without consent with the intent to commit a crime.

What Is The Difference Between Burglary And Trespassing?

Trespassing occurs when someone is going on another person’s property, but not actually their dwelling. So in South Carolina Code Section 16-11-10 and 16-11-310, a dwelling is any structure in which someone sleeps on a regular basis as long as that person is identifiable, and this includes an unoccupied residence if the occupants have left with the purpose of returning in other words like a vacation home.

A motel room is considered a dwelling within the meaning of the burglary statute and just because the room is temporarily unoccupied, does not make a difference as long as the occupants intend to return. Even a crawlspace underneath a building and as long as it is enclosed but for an opening field with a metal cover and it is an integral part of the structure can still be at some highs under a home could still be considered, you know, being charged with the offense of burglary.

What Happens If Attempted Burglary Causes Damage To a Person’s Property?

Property damage during an attempted robbery could be an additional charge of malicious injury to personal property. You could be depending on the facts of the case, have other types of criminal offenses with those types of facts, but generally, somebody could have the additional charge of malicious injury to personal property.

The Different Degrees Of Burglary

First-degree burglary is the most serious, then there is second-degree, violent, which is the next serious, followed by a second-degree, non-violent, and third-degree. Each are felony offenses with a mandatory minimum of 15 years to life imprisonment.

Second-degree, violent, is a felony that carries up to a maximum sentence of 15 years. A second degree, non-violent, is a felony and carries a maximum sentence of up to 10 years. Whereas, a third-degree burglary in South Carolina is a felony that carries a maximum sentence of up to five years, and this is all for first offense convictions.

What Are Aggravating Factors For Burglary?

Aggravating factors are when someone is either armed with a deadly weapon, or causes physical injury to another person, or uses or threatens to use a deadly instrument or displays what appears to be a knife or firearm, or having a prior record of two or more burglaries or house breakings or breaking or entering during the night time.

Schedule a Consultation With a Lexington Burglary Attorney

Burglary, whether it be a third-degree or first-degree are very serious felonies. The first degree is the most serious where it carries a mandatory minimum of 15 years to life in prison. It is a very severe penalty. A seasoned Lexington burglary attorney could help you fight your case and build a defense against the charges. Call today to get started.