You can face breaking and entering charges for breaking into almost any building or even walking around a home that is under construction. However, if you enter a building with the intent to steal or commit any other felony, your charges can become more serious. Let’s look at how to fight a felony breaking and entering charge legally in North Carolina.
Breaking and Entering a “Building”
In North Carolina, “building” is defined very carefully. Not just any enclosed space is considered the type of “building” you can face breaking and entering charges for.
Under NC law, a “building” you can face charges for breaking and entering into includes:
- Any dwelling
- Dwelling house
- Uninhabited house
- Building under construction
- A building within a piece of fenced ground surrounding a dwelling house
- Any other structure designed to house or secure activity or property
Felony Breaking and Entering
In NC, you can face Class H felony charges if you break into and/or enter any “building”
- with intent to commit any felony while there
- Intending to commit theft there
- with intent to terrorize or injure an occupant of the building
For example, you believe your neighbor stole your dog. You can’t prove it, but you don’t want to report him yet. Instead, you sneak over and try the locked doors. You find an open window and walk around inside, calling for your dog.
A neighbor has already called law enforcement. Police bang on the door and call out to you, saying they know you’re in the home. You come out and face arrest for breaking and entering.
Your neighbor claims that you broke into the house to steal his own dog and shows an email to all where you claimed that he had your dog and that you would get it back. You appear angry and threatening in the email. He has papers to prove the dog is his.
Because you planned to commit a theft of his property, you can face Class H felony charges for breaking and entering with intent to commit larceny (theft).
However, if your attorney can prove that “his” dog is actually your dog that he stole from you, you may face lesser charges. Your attorney may negotiate your charges down to Class 1 Misdemeanor or even less if it’s a first-time offense for you.
With your attorney’s good investigative work, your neighbor could now face his own charges for committing theft against you.
What Types of Crimes Make it Felony Breaking and Entering?
Breaking and entering without intent to commit a felony, theft, or injury is a misdemeanor-level crime. However, breaking and entering becomes felony level if you plan to commit these or other felony crimes while in the building:
- Larceny (theft)
- Murder
- Violence ending in injury
- Assault
- Burglary
- Arson
- Armed Robbery
- Kidnapping
- Shooting a gun in an occupied home
- Sexual offenses
- Restraining another person
- Identity Theft
Felony Penalties for Breaking and Entering
Your sentence often depends on your criminal history. A judge might give you between 4 and 8 months of supervised probation for a lighter sentence. A middle road sentence might be 9 to 11 months supervised probation or active imprisonment.
However, if the factors of your crime include acts of violence and theft or injury, you may face a maximum sentence of 25 months imprisonment. Hiring an experienced criminal defense attorney to fight for your rights is crucial to the outcome of your case.
Fight a Felony Breaking and Entering Charge
Convictions can make it difficult to find gainful employment in the future and will become part of your permanent record. Being accused of theft can also be damaging and destroy existing personal and professional relationships.
In our complex judicial process system, your story may get lost in the chaos of others’ louder voices. Your best course of action is to consult a criminal defense attorney in Raleigh as soon as possible to fight for your rights and ensure the court hears your voice.
We Can Help
Our criminal defense team can begin helping you immediately at Scharff Law, even if you are only under investigation. We navigate interviews and secure an independent investigation of your supposed crime. We protect your rights from the beginning and prevent any unlawful searches or interviews during the initial stages.
Even if you have admitted to breaking and entering, or were caught in the act, we can help you understand your options and build your defense. With an experienced Scharff Law Firm attorney on your side, you have a chance of facing a lesser sentence in a plea bargain or even dismissed charges.
A qualified defense attorney can make all the difference in a court case against you. Contact us today and find out how we can help you navigate the charges against you and face the future confidently again.
