The severity of criminal penalty you face when breaking and entering often depends on your intentions. Breaking and entering charges can come from walking around inside a house under construction. However, the penalty is likely to differ from entering an occupied home through an unlocked door planning to steal a painting. The difference is your intent. Let’s look at what misdemeanor breaking and entering looks like in North Carolina.
What is Breaking and Entering?
If you wrongfully break and enter any “building” without any intent to commit a felony, theft, or injury, you will likely face Class 1 misdemeanor rather than felony charges. In North Carolina, “building” is specifically defined. It is not just any enclosed space. The type of “building” you can face breaking and entering charges for 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
For example, let’s say you are on a path in the woods and come upon an old barn. You and your friends decide to pull on the door since no one is around. You all go inside, and your friends play music. Someone pulls a bottle of vodka out. It’s a lowkey party now.
A neighbor calls law enforcement, who come to investigate. They arrest you and your friends for breaking and entering.
However, you hire a criminal law attorney who knows the judicial system well. Your attorney proves that the land no longer belongs to anyone and is legally abandoned. In this case, your attorney may negotiate a dismissal of your charges.
What Constitutes Misdemeanor Breaking and Entering?
In the example above, you and your friends entered an abandoned property that was not secured or inhabited. No one lived on the property.
But what if someone owned the barn and their house was next to it? If the barn does belong to a property owner who lives in a home on the same fenced property, you could be in trouble. After all, you jumped a fence surrounding a dwelling house to enter a building sitting on the fenced area around the home. You pulled on the doors of the barn until they opened and went inside to hang out with your friends.
A prosecutor can charge you with a Class 1 misdemeanor. In this case, your attorney may negotiate for reduced charges or sentencing or a dismissal if this is a first-time offense for you.
Proving Intent
Breaking and entering is often a misdemeanor if you commit the crime without any intent to cause an injury or commit a felony or theft. However, if you intend to cause an injury or commit a felony or theft, you will likely face felony charges.
Let’s say you pick the lock on your friend’s apartment and sneak in to decorate and let your friends inside for a surprise birthday party. Even if your friend is furious and calls law enforcement, it’s unlikely that you’ll face felony charges.
However, if you pick your friend’s lock to go in and steal her computer and phone, you have the intent to commit theft. Even if law enforcement comes before you steal anything, if they can prove your intent to steal in a court of law, you could face felony charges.
It can be tricky for a prosecutor to prove intent. But let’s say you texted 5 different friends and told them you planned to steal from your friend. In that case, the prosecutor’s job has been done for them (if they legally obtain those texts).
What If I’m Arrested?
If you end up arrested for breaking and entering, the most important thing you can do is not speak about what happened to law enforcement. Also, ensure you do not sign anything or waive your rights without calling your attorney and having them present.
A court of law can use interviews or “friendly” conversations with officers against you. Do not let a disarming demeanor get you talking about why you committed a crime.
Your words are crucial to your defense, and even an innocent comment can be taken out of context and used against you later on.
Misdemeanor Penalties for Breaking and Entering
For a misdemeanor level breaking and entering with no intent to commit a felony, theft, or injury, you can face Class 1 misdemeanor charges. With a Class 1 misdemeanor conviction, you can spend from 1 to 120 days imprisoned. You may also owe a fine to the court. The amount of time you spend depends on any previous offenses on your record.
For a first-time Class 1 misdemeanor, you may get court costs and a fine or 1-45 days of jail time suspended through unsupervised or supervised probation as a sentence. With one to four prior convictions, you may receive court costs and a fine, unsupervised or supervised probation or actual jail time of 1-45 days. With 5 or more prior convictions, you face up to 120 days in jail, either through probation or active jail time. Your sentencing depends on the judge and the factors involved in your crime.
We Can Help
At Scharff Law, our extensive experience working with prosecutors and criminal defense cases gives you an edge to defend your actions. We thoroughly investigate each case we take on, looking for rights violations or evidence of your innocence. We negotiate for reduced or even dismissed charges with the prosecutor and closely examine law enforcement actions. If you’re facing breaking and entering charges, set up a consultation to find out what we can do for you. Contact us today and find your way back to hope for your future.
