Mecklenburg county - Burglary - Criminal Defense Attorney
North Carolina Burglary, Breaking & Entering, and Trespassing Law and Penalties
Burglary
The act of committing a burglary is a serious offense. Although many people pair burglary and robbery together, they are separate and distinct crimes. Burglary is generally seen as the breaking and entering of a home at night for the purposes of committing a felony or larceny. This definition is very particular and as such, requires several unique factors to be present.
The following offenses list out the required elements of each crime and punishments given out upon conviction. In order to obtain a conviction, the State must prove each element of the offense beyond a reasonable doubt. Since burglary is seen as a danger to public safety and security, the punishment for conviction of burglary is quite severe.
First-Degree BurglaryElementsA person is guilty if they:
For Element 3, consent is not given if the consent was obtained through fraud or coercion.
For Element 7, night begins thirty minutes after sunset and ends thirty minutes prior to sunrise.
For Element 8, the intruder must have formed the intent to commit the felony or larceny before the actual breaking and entering.
Breaking and Entering
Breaking and entering into any other buildings with the intent to commit a felony or theft or injure or terrorize an inhabitant of the building is called “felonious breaking and entering” in North Carolina. If the defendant merely breaks and enters into a building without permission, it is a much less serious crime. (N.C. Gen. Stat. Ann. §§ 14-54, 14-54.1.) For example, a defendant who enters into a warehouse through an unlocked door without permission in order to take a nap inside has committed the crime of breaking and entering. If the defendant enters in order to steal from the warehouse, then the defendant has committed felonious breaking and entering. Breaking and entering is punished more severely if the building is a place of worship, such as a church, mosque, or synagogue.
It is also a crime in North Carolina to, with the intent to commit a felony or theft, break and enter into:
Intent to Commit a Crime
For burglary and felonious breaking and entering, the defendant must enter with the intent to commit a felony or theft. However, the prosecutor is not required to establish exactly what was going through the defendant’s head. Indeed, the jury can often infer from the fact that a defendant has broken into and entered a building or vehicle without permission that defendant intended to commit a crime. The crime of burglary occurs as soon as the defendant enters into the building or vehicle with the illicit intent, even if the intended felony or theft never occurs.
Trespass
Most of the time, trespass is a less serious crime than burglary or breaking and entering. A person commits trespass (called second degree trespass in North Carolina) by entering or remaining on property on which “No Trespassing” signs are posted, or after having been told not to enter or told to leave by the owner or occupant. (N.C. Gen. Stat. Ann. § 14-159.13.) First degree trespass, a more serious crime, is committed by entering without permission:
Domestic trespass. Under North Carolina’s laws, it is also a crime for a person to enter or refuse to leave the home of a current or former spouse or domestic partner if the parties are living apart and the spouse has asked the defendant to leave or not to enter. The crime is punished more severely if the defendant is armed or if the victim is at a domestic violence shelter. (N.C. Gen. Stat. Ann. § 14-134.3.)
Burglary Tools and Tools for Breaking Into Vehicles
In many states, including North Carolina, it is a crime to possess tools used to force entry into buildings or vehicles. For example, in North Carolina, it is a crime to possess, without a good reason, any lock pick, key, or other tool used for breaking into buildings. (N.C. Gen. Stat. Ann. § 14-55.) It is also a crime to possess a vehicle master key, or tools for picking car locks or hotwiring with the intent to commit a crime. (N.C. Gen. Stat. Ann. § 14-56.4.) For more information on how even everyday items can become burglar’s tools, see Burglary Tools.
Punishment
Burglary in the first degree and burglary with explosives are Class D felonies, punishable by 38 to 160 months in prison, and burglary in the second degree is a Class G felony, punishable by 8 to 31 months in prison. (N.C. Gen. Stat. Ann. § 14-52.) Burglary of a vehicle is a Class I felony, punishable by three to 12 months in prison.
Breaking and entering a place of worship is also Class G felony. Breaking and entering a building to commit a crime or cause injury or terror is a Class H felony, punishable by four to 25 months’ imprisonment. Otherwise, breaking and entering is a Class 1 misdemeanor, punishable by one to 120 days in jail and a fine.
In North Carolina, a person who has been convicted of any felony burglary or breaking and entering offense and is convicted a second time of felony burglary or breaking and entering must be sentenced to at least 15 to 36 months in prison. (N.C. Gen. Stat. Ann. §§ 14-7.26, 14-7.31.)
Second degree trespass is a Class 3 misdemeanor, punishable by up to 20 days in jail and a fine up to $200. Depending on the circumstances, first degree trespass may be a Class 2 misdemeanor (punishable by up to 60 days in jail and a fine up to $1,000), a Class A1 misdemeanor (punishable by up to 150 days in jail and a fine), or a Class H felony. Domestic trespass is a Class 1 misdemeanor, unless the defendant is armed or the victim is at a domestic violence shelter, in which case the crime is a Class G felony. Possession of burglary tools is a Class I felony. Possession of tools for breaking into vehicles is a Class 1 misdemeanor, but second or subsequent violations are Class I felonies.
Defense Strategies
When you work with a local criminal defense strategy, they will be able to assist you in determining the best course of action for your case, whether this means negotiating a plea agreement to avoid a prison sentence or fighting the charges at trial.
If you are accused of buglary, breaking and entering, or trespassing, you need someone on your side who is interested in getting you out of this situation with minimal impact on your life. Contact our offices today to discuss how we might be able to help.
ARL-Law's main purpose is to obtain the best outcome for our clients.
Please contact ARL-Law at (704) 222-7525 for a FREE consultation.
Burglary
The act of committing a burglary is a serious offense. Although many people pair burglary and robbery together, they are separate and distinct crimes. Burglary is generally seen as the breaking and entering of a home at night for the purposes of committing a felony or larceny. This definition is very particular and as such, requires several unique factors to be present.
The following offenses list out the required elements of each crime and punishments given out upon conviction. In order to obtain a conviction, the State must prove each element of the offense beyond a reasonable doubt. Since burglary is seen as a danger to public safety and security, the punishment for conviction of burglary is quite severe.
First-Degree BurglaryElementsA person is guilty if they:
- Break and
- Enter
- Without consent
- Into the dwelling house or sleeping apartment
- Of another
- While it is actually occupied
- At night
- With the intent to commit any felony or larceny therein
For Element 3, consent is not given if the consent was obtained through fraud or coercion.
For Element 7, night begins thirty minutes after sunset and ends thirty minutes prior to sunrise.
For Element 8, the intruder must have formed the intent to commit the felony or larceny before the actual breaking and entering.
Breaking and Entering
Breaking and entering into any other buildings with the intent to commit a felony or theft or injure or terrorize an inhabitant of the building is called “felonious breaking and entering” in North Carolina. If the defendant merely breaks and enters into a building without permission, it is a much less serious crime. (N.C. Gen. Stat. Ann. §§ 14-54, 14-54.1.) For example, a defendant who enters into a warehouse through an unlocked door without permission in order to take a nap inside has committed the crime of breaking and entering. If the defendant enters in order to steal from the warehouse, then the defendant has committed felonious breaking and entering. Breaking and entering is punished more severely if the building is a place of worship, such as a church, mosque, or synagogue.
It is also a crime in North Carolina to, with the intent to commit a felony or theft, break and enter into:
- a building, and open or attempt to open any safe or vault or “other secure place” with explosives, or
- a vehicle (a car, boat, trailer, railroad car, or airplane).
Intent to Commit a Crime
For burglary and felonious breaking and entering, the defendant must enter with the intent to commit a felony or theft. However, the prosecutor is not required to establish exactly what was going through the defendant’s head. Indeed, the jury can often infer from the fact that a defendant has broken into and entered a building or vehicle without permission that defendant intended to commit a crime. The crime of burglary occurs as soon as the defendant enters into the building or vehicle with the illicit intent, even if the intended felony or theft never occurs.
Trespass
Most of the time, trespass is a less serious crime than burglary or breaking and entering. A person commits trespass (called second degree trespass in North Carolina) by entering or remaining on property on which “No Trespassing” signs are posted, or after having been told not to enter or told to leave by the owner or occupant. (N.C. Gen. Stat. Ann. § 14-159.13.) First degree trespass, a more serious crime, is committed by entering without permission:
- property that is fenced or otherwise enclosed, or
- a building.
Domestic trespass. Under North Carolina’s laws, it is also a crime for a person to enter or refuse to leave the home of a current or former spouse or domestic partner if the parties are living apart and the spouse has asked the defendant to leave or not to enter. The crime is punished more severely if the defendant is armed or if the victim is at a domestic violence shelter. (N.C. Gen. Stat. Ann. § 14-134.3.)
Burglary Tools and Tools for Breaking Into Vehicles
In many states, including North Carolina, it is a crime to possess tools used to force entry into buildings or vehicles. For example, in North Carolina, it is a crime to possess, without a good reason, any lock pick, key, or other tool used for breaking into buildings. (N.C. Gen. Stat. Ann. § 14-55.) It is also a crime to possess a vehicle master key, or tools for picking car locks or hotwiring with the intent to commit a crime. (N.C. Gen. Stat. Ann. § 14-56.4.) For more information on how even everyday items can become burglar’s tools, see Burglary Tools.
Punishment
Burglary in the first degree and burglary with explosives are Class D felonies, punishable by 38 to 160 months in prison, and burglary in the second degree is a Class G felony, punishable by 8 to 31 months in prison. (N.C. Gen. Stat. Ann. § 14-52.) Burglary of a vehicle is a Class I felony, punishable by three to 12 months in prison.
Breaking and entering a place of worship is also Class G felony. Breaking and entering a building to commit a crime or cause injury or terror is a Class H felony, punishable by four to 25 months’ imprisonment. Otherwise, breaking and entering is a Class 1 misdemeanor, punishable by one to 120 days in jail and a fine.
In North Carolina, a person who has been convicted of any felony burglary or breaking and entering offense and is convicted a second time of felony burglary or breaking and entering must be sentenced to at least 15 to 36 months in prison. (N.C. Gen. Stat. Ann. §§ 14-7.26, 14-7.31.)
Second degree trespass is a Class 3 misdemeanor, punishable by up to 20 days in jail and a fine up to $200. Depending on the circumstances, first degree trespass may be a Class 2 misdemeanor (punishable by up to 60 days in jail and a fine up to $1,000), a Class A1 misdemeanor (punishable by up to 150 days in jail and a fine), or a Class H felony. Domestic trespass is a Class 1 misdemeanor, unless the defendant is armed or the victim is at a domestic violence shelter, in which case the crime is a Class G felony. Possession of burglary tools is a Class I felony. Possession of tools for breaking into vehicles is a Class 1 misdemeanor, but second or subsequent violations are Class I felonies.
Defense Strategies
When you work with a local criminal defense strategy, they will be able to assist you in determining the best course of action for your case, whether this means negotiating a plea agreement to avoid a prison sentence or fighting the charges at trial.
If you are accused of buglary, breaking and entering, or trespassing, you need someone on your side who is interested in getting you out of this situation with minimal impact on your life. Contact our offices today to discuss how we might be able to help.
ARL-Law's main purpose is to obtain the best outcome for our clients.
Please contact ARL-Law at (704) 222-7525 for a FREE consultation.
