Charlotte Criminal Lawyer Blog
Breaking and Entering Charges in North Carolina
Entering a business or another person’s home without permission is a crime. The laws regarding breaking and entering in North Carolina are strict. If you are convicted of this type of crime, you could face severe consequences, including fines, a prison sentence, and more. Even if you have no previous breaking and entering convictions, the penalties generally still include jail time. You will want to vigorously defend the charges with help from an experienced criminal defense attorney.
What is Breaking and Entering?
Breaking and entering is the wrongful entry into a building. The law defines a building as “any dwelling, dwelling house, uninhabited house, building under construction, building within the curtilage of a dwelling house, and any other structure designed to house or secure within it any activity or property.” A building is therefore inclusive of almost any type of structure, including both residential and commercial properties. It also includes properties that are not occupied, such as abandoned buildings or those that are under construction. Breaking and entering may be either a misdemeanor or a felony.
Misdemeanor Breaking and Entering
General breaking and entering is a Class 1 misdemeanor. A person is charged with misdemeanor breaking and entering if they broke into a building without any intent to do harm. For example, if someone entered a home simply to seek shelter, they could be charged with a misdemeanor. If convicted of Class 1 misdemeanor charges, you will face a penalty that could include up to 120 days in jail. The judge will also impose a fine. The penalties will be more severe if you have a prior conviction.
Felony Breaking and Entering
Breaking and entering is a felony when someone unlawfully enters a building with the intent to commit a crime. Specifically, the law states that felony breaking and entering takes place when there is an intent to commit larceny, commit a felony, injure someone inside, or terrorize an occupant. In these instances, the crime is a Class H felony, which is more serious than a misdemeanor. If found guilty of felony breaking and entering, you could receive a sentence of up to 25 months in prison, along with fines.
Defending Breaking and Entering Charges
As with all criminal charges, you will want to strongly defend charges of breaking and entering. In many instances, the state will charge the crime as a felony. A felony is much more serious than a misdemeanor, so you will want to properly defend the charges. The intent is the main difference between misdemeanor and felony breaking and entering. Therefore, you will need to prove that you did not enter the property with the intent to commit a crime.
You may have gone into the building for other reasons. It is best to discuss the details of the arrest with a knowledgeable criminal defense attorney to assist in providing your defense. In some cases, evidence against you may be suppressed if it was not obtained legally. Sometimes, a plea deal may be offered that will reduce the crime.
Call Arnold & Smith, PLLC, at (704) 370-2828 to speak with our experienced criminal defense attorneys.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-54.html
https://www.law.cornell.edu/wex/felony
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