Orangeburg County Burglary Lawyer

Being accused of burglarizing any building or dwelling is a serious matter, as every variant of this offense is considered a felony under state law. If convicted of this kind of charge, you could find yourself facing years in prison even for a first offense, as well as numerous non-criminal consequences after your release that permanently alter your personal and professional life.

It is not impossible to fight back against accusations of burglary and secure a favorable case result, but doing so without guidance from an experienced criminal defense attorney can be next to impossible. A qualified Orangeburg County burglary lawyer could offer the guidance and support you may need to defend your best interests and effectively contest the charges you are facing.

What Constitutes “Burglary” Under State Law?

South Carolina state law defines three “degrees” of burglary, with burglary in the first degree being the most serious offense and burglary in the third degree being the least serious offense by comparison. As per South Carolina Code of Laws §16-11-313, third-degree burglary occurs when someone enters a building with the intent to commit a crime and without the permission of the tenant or owner. Notably, S.C. Code §16-11-310 establishes a fairly broad definition of “building” for the purposes of this offense that includes any type of enclosed assembly space, motor vehicles, and even watercraft and aircraft.

According to S.C. Code §16-11-312, a person commits second-degree burglary if they enter a “dwelling” where someone lives and/or sleeps without consent and with the intent of committing a crime, or if any of the following circumstances apply to an act of third-degree burglary:

• The act occurs at nighttime
• The perpetrator has a record of two or more prior convictions for burglary and/or housebreaking offenses
• The perpetrator or another participant is armed with a deadly weapon and/or uses, threatens to use, or displays a deadly weapon during the commission of the crime
• The perpetrator or another participant causes another person to suffer physical injury during the commission of the crime

Finally, under S.C. Code §16-11-311, an act of burglary becomes a first-degree offense when it occurs inside a dwelling and one of the aforementioned aggravating circumstances applies. An Orangeburg County burglary attorney could explain these definitions in further detail and go over how they might impact the charges a particular defendant might face.

Potential Sanctions from Burglary Charges

The penalties associated with burglary offenses can vary significantly depending on the defendant’s existing criminal record and the degree of offense they are convicted of committing. The maximum penalty for a first offense of third-degree burglary is five years in prison, and both subsequent third-degree convictions and convictions for second-degree burglary of a dwelling can result in maximum sentences of ten years.

Second-degree burglary with aggravating conditions is punishable by 15 years in prison, a minimum of one-third of which must be served before a convicted individual is eligible for parole. Finally, first-degree burglary convictions allow a court to pass down minimum sentences of 15 years and maximum sentences of life imprisonment, making representation from a skilled lawyer especially crucial for anyone accused of this offense in Orangeburg County.

Seek Help from an Orangeburg County Burglary Attorney

Any time prosecutors elect to pursue burglary charges against someone in South Carolina, the process of fighting against those allegations is generally both procedurally and practically complex. If you are currently dealing with these kinds of accusations, the next steps you take prior to your trial could have a huge impact on your freedom and future prospects.

An Orangeburg County burglary lawyer could be a crucial ally from start to finish of your criminal case. To schedule a consultation, call today.