If you have been charged with burglary in SC, or if you think you are under investigation for burglary, stop what you are doing right now and call a criminal defense lawyer – before you talk to police or investigators.
Depending on the facts of a case, even a first-offense burglary charge could be charged as first-degree, which carries a potential sentence of life in prison, and you need an experienced Charleston, SC burglary defense attorney on your side immediately.
Below, we will go over the basics of burglary charges in SC, including:
- Burglary 1st, 2nd, and 3rd-degree charges,
- The difference between a “building” and a “dwelling,”
- The aggravating factors that can make your charges carry up to life in prison, and
- The potential sentences for burglary charges in SC.
Understanding Burglary Charges in SC
Burglary means breaking into someone’s house and stealing something, right?
It could mean that, but it also covers much more. Let’s dispel a few myths about burglary charges:
- You don’t have to break into a house as long as you enter it.
- It doesn’t even have to be a house – you could be charged with burglary for entering a shed or storage building.
- It doesn’t have to be nighttime when the alleged burglary occurs, although this is an aggravating factor that can upgrade the burglary charges to second or first degree.
- You don’t have to steal anything to be found guilty of burglary, but the state must prove you had the intent to commit a crime when you entered.
So, what is burglary?
Burglary is when you 1) enter a structure, 2) without consent, 3) with the intent to commit a crime inside. Any crime will do – it could be theft or it could be assault, for example, and it doesn’t matter if you complete the intended crime.
SC Burglary Charges
The degree of burglary that a person is charged with depends on 1) the type of structure that was entered and 2) whether there were aggravating factors present.
Burglary Third Degree
SC Code § 16-11-313 defines 3rd-degree burglary as when a person enters a building without consent and with the intent to commit a crime inside.
Third-degree burglary is a felony offense that carries up to five years in prison for a first offense or up to ten years in prison for a second offense.
But, what is a “building,” and what makes this different from burglary second-degree charges?
SC Code § 16-11-310 defines “building” as “any structure, vehicle, watercraft, or aircraft” 1) where a person lodges or lives, or 2) where people “assemble for purposes of business, government, education, religion, entertainment, public transportation, or public use,” or 3) where goods are stored.
Most burglary 3rd-degree charges involve allegations of breaking into a storage shed or other location where people do not live and sleep.
Burglary Second Degree
SC Code § 16-11-312(A) and (B) defines two types of second-degree burglary, also called “violent” or “non-violent” burglary second degree.
Burglary 2nd degree (A) non-violent: is when a person enters a dwelling without consent and with the intent to commit a crime inside, and it is a felony punishable by up to ten years in prison.
What is a “dwelling?”
SC Code § 16-11-10 defines “dwelling house” as “any house, outhouse, apartment, building, erection, shed or box in which there sleeps a proprietor, tenant, watchman, clerk, laborer or person who lodges there with a view to the protection of property,” and includes “all houses, outhouses, buildings, sheds and erections which are within two hundred yards” of the dwelling and “appurtenant” to it.
SC Code § 16-11-310 adds that “dwelling” also means “the living quarters of a building which is used or normally used for sleeping, living, or lodging by a person.”
In most cases, a “dwelling” will be a place where people live and sleep, while a “building” will be any other structure where goods are stored.
Burglary 2nd degree (B) violent: is a burglary third-degree that has been enhanced because of aggravating factors. It is when a person enters a building without consent and with the intent to commit a crime inside and one or more of the following aggravating factors are proven:
- The defendant or a codefendant, while entering, inside, or leaving the building, is armed with a deadly weapon or explosive,
- The defendant or a codefendant, while entering, inside, or leaving the building, causes physical injury to any person who was not a participant in the crime,
- The defendant or a codefendant, while entering, inside, or leaving the building, uses or threatens to use “a dangerous instrument,”
- The defendant or a codefendant, while entering, inside, or leaving the building, displays a “knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm,”
- The defendant has two or more prior convictions for burglary or housebreaking, or
- The “entering or remaining occurs in the nighttime.”
Second-degree burglary (B) is punishable by up to fifteen years in prison and is classified as a violent offense, which affects the defendant’s classification with the Department of Corrections and parole eligibility if convicted.
Burglary First Degree
While second-degree burglary (B) is a third-degree burglary enhanced because of aggravating factors, first-degree burglary is a second-degree burglary (A) that is enhanced because of the same aggravating factors.
SC Code § 16-11-311 defines 1st-degree burglary as entering a dwelling without consent and with the intent to commit a crime inside when one or more of the following aggravating factors are proven:
- The defendant or a codefendant, while entering, inside, or leaving the building, is armed with a deadly weapon or explosive,
- The defendant or a codefendant, while entering, inside, or leaving the building, causes physical injury to any person who was not a participant in the crime,
- The defendant or a codefendant, while entering, inside, or leaving the building, uses or threatens to use “a dangerous instrument,”
- The defendant or a codefendant, while entering, inside, or leaving the building, displays a “knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm,”
- The defendant has two or more prior convictions for burglary or housebreaking, or
- The “entering or remaining occurs in the nighttime.”
Burglary first degree is a felony offense punishable by no less than 15 years and up to life in prison.
Penalties for Burglary in SC
Below is a chart that contains the different degrees of burglary in SC and the potential penalties if a person is convicted:
Charge | Building or Dwelling | Aggravating Factor Must be Present? | Classification | Potential Penalty |
---|---|---|---|---|
Burglary 3rd degree (first offense) | Building | No | Felony | Up to five years in prison |
Burglary 3rd degree (second offense) | Building | No | Felony | Up to ten years in prison |
Burglary 2nd degree (A) Non-violent | Dwelling | No | Felony | Up to ten years in prison |
Burglary 2nd degree (B) Violent | Building | Yes | Felony | Up to 15 years in prison |
Burglary 1st degree | Dwelling | Yes | Felony | 15 years to life in prison |
Questions About Burglary Charges in SC?
If you have been charged with burglary in SC, or if you believe you are under investigation for burglary charges, talk to an experienced criminal defense lawyer in Charleston, SC immediately – before you talk to police or investigators.
Call Kulp & Elliot now at 843-853-3310 or email us through our website to set up a free consultation and find out how we can help.