Charlotte residential burglary lawyer: (888) 543-2427
Burglary can be charged as first or second degree. A person can be convicted of burglary if they break and enter a house, without the consent of the owner, at night, with the intent to commit a felony. The term ‘break’ requires the accused to make some kind of opening to obtain entry. The only difference between first and second degree is that the charge of first degree requires that a person be present somewhere in the dwelling at the time of the offense. If no occupant is present, the charge is second degree. Burglary in the first degree is a Class D felony and burglary in the second degree is punishable as a Class G felony.
If the accused does not have the intent to commit a felony or larceny when the breaking and entering occurs, the offense is misdemeanor breaking and entering. Simply put, misdemeanor breaking and entering occurs when the accused breaks or enters a building without permission. An example of this offense is when the accused breaks or enters a building to sleep inside. Regardless, these are very serious offenses and it is important to have a knowledgeable defense attorney that can understand the differences between the crimes and advocate in the client’s best interest.
Any person who breaks and enters a vehicle without the permission of the owner with the intent to steal or commit any felony can be found guilty of breaking and entering a vehicle. The police will often charge this when someone reports that their ‘car was broken into’. Breaking and entering a vehicle is charged as a Class I felony offense in North Carolina.
Carilyn has handled numerous residential burglary cases. For a summary of a recent case, click here.
Please contact Charlotte criminal defense attorney Carilyn Ibsen regarding a burglary or any other criminal matter at (888) 543-2427.