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Is Burglary a Felony?


Burglary is a criminal offense in all 50 states. The definition of burglary can vary from state to state, but generally, it’s the unlawful entry into a building or structure with the intent to commit a crime. But is burglary a felony? Let’s look at when North Carolina law enforcement may charge you with felony-level burglary.

What Exactly is Burglary in North Carolina?

Burglary is the unlawful entry into a building or structure planning to commit a crime. Generally, burglary is much like breaking and entering charges except that you intend to commit a felony or theft in a dwelling house or sleeping apartment.

For example, going into a house that looks abandoned to steal a chair you saw from the window is burglary if someone is living there. Even if they are not home, you’ve committed a burglary in the 2nd degree.

If the abandoned house has no one living there, then you’ve committed breaking and entering or trespassing.

In North Carolina, first-degree burglary is a felony and can result in 13+ years in prison. Second-degree burglary is also a felony-level crime.

First-Degree Burglary

Depending on many factors, you can face first-degree or second-degree burglary charges. A first-degree burglary occurs when you break and enter a dwelling or place where someone sleeps in a building:

  • Without the consent of the owner
  • While occupied
  • With the intent to commit any felony or theft while there

First-degree burglary is a class D felony with a maximum punishment under the law of 160 months incarceration. That’s over 13 years you can face in prison. In addition, any prison sentence comes with fines, court fees, and post-release supervision/parole.

Second-Degree Burglary

A second-degree burglary happens when you break and enter a dwelling house or sleeping apartment of a building:

  • Without consent
  • While the occupants are not there
  • With intent to commit any felony or theft

Second-degree burglary is a class G felony with punishment under the law of 8 to 38 months in prison. In addition, any prison sentence comes with fines, court fees, and post-release supervision/parole.

“Breaking & Entering” Vs. “Burglary”

The crime of “breaking and entering” refers to forcing your way into a building without permission. Even opening an unlocked door or window and walking into a building can bring charges of breaking and entering. 

For example, opening the unlocked door of your neighbor’s house without permission and walking in to ask about something is not burglary. You did not enter with the intent to commit a felony crime or steal something. However, entering their door without permission is a type of breaking and entering. If they call law enforcement, you could face breaking and entering charges.

However, burglary is the unlawful entry of a place where people live or sleep with the intent to commit a felony-level crime or steal.

Intending to Commit Burglary is a Crime

Even just planning to commit a burglary is a crime in North Carolina. If law enforcement can prove you were armed with dangerous weapons and planning to break into a home and steal a TV, you could face serious charges. 

You can face Class I felony charges if law enforcement finds you: 

  • Armed with dangerous weapons
  • Intending to break and enter a dwelling or other building
  • Planning to commit felony or theft inside

If you don’t have a good reason for having them, you can also face Class I felony charges for just possessing these items:

  • Picklock
  • Key
  • Bit
  • Other implements of housebreaking

In addition, you can face Class I felony burglary charges if law enforcement finds you in any building, intending to commit a felony or theft inside.

Penalties for Burglary in North Carolina

The penalties for burglary vary depending on the severity of the crime and the building’s occupancy at the time of entry. Generally, burglary is a felony offense punishable by up to 13+ years in prison. 

Depending on your previous criminal record and the circumstances of the crime, you can face 3 to 160 months of prison for a burglary crime. Because of the severe penalties involved with these charges, it’s always best to find an experienced legal defense team to defend you and possibly negotiate your charges.

How to Defend Yourself From Felony Burglary Charges

There are several ways to defend yourself from felony burglary charges. 

  • If you can prove that you had no intention of committing a crime or theft, then the prosecutor may reduce your charge to misdemeanor breaking and entering. 
  • You could also argue that you were authorized to enter the building if the owner or occupant gave you consent. 
  • If there is evidence that someone else committed the burglary, you may be able to have charges dropped against you.

Remember, just because law enforcement accuses you of burglary doesn’t mean you are automatically guilty. Many factors go into determining a person’s guilt or innocence, so contact an experienced criminal defense attorney right away to start building your defense strategy.

We Can Help

If you face charges for theft or burglary, our legal team at Scharff Law Firm can advise you of your rights and help build your case. Contact us today and get started defending your actions. Making your case with our legal knowledge onboard can help you find the best outcome for your situation.

Sources:

  1. https://www.ncleg.net/enactedlegislation/statutes/html/byarticle/chapter_14/article_14.html