Burglary in South Carolina consists of three levels of degrees. The penalties and punishment, depend on the type of building entered, and if convicted, range from 0-5 yrs., 0-10 yrs., 0-15 yrs., and 15 yrs. (mandatory) – life. Any burglary charge/conviction is a felony in South Carolina. Because of the seriousness of the charge it is important that you get a Charleston criminal defense attorney to help defend your rights if you have been charged with burglary in South Carolina.
What is Burglary?
Burglary in South Carolina is the entering a dwelling without consent and with the intent to commit a crime in the dwelling. There are two important elements required to support a burglary conviction 1) entering a building without permission and 2) the criminal intent.
Burglary 1st Degree
The most serious burglary charge is Burglary 1st degree and carries a penalty of 15 yrs. (mandatory) up to life in prison. The statute for Burglary 1st degree is 16-11-311.
(A) A person is guilty of Burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime in the dwelling, and either:
(1) when, in effecting entry or while in the dwelling or in immediate flight, he or another participant in the crime:
(a) is armed with a deadly weapon or explosive; or
(b) causes physical injury to a person who is not a participant in the crime; or
(c) uses or threatens the use of a dangerous instrument; or
(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
(2) the Burglary is committed by a person with a prior record of two or more convictions for Burglary or housebreaking or a combination of both; or
(3) the entering or remaining occurs in the nighttime.
Burglary 2nd Degree (Violent)
Burglary 2nd Degree is divided into two different sections classified as violent and non-violent. Knowing difference between the two is important because there is an additional 5 years in prison for a violent offense. The statute for Burglary 2nd degree is 16-11-312.
A person is guilty of Burglary in the second degree if the person enters a building without consent and with intent to commit a crime therein, and either:
(1) When, in effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:
(a) Is armed with a deadly weapon or explosive; or
(b) Causes physical injury to any person who is not a participant in the crime; or
(c) Uses or threatens the use of a dangerous instrument; or
(d) Displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
(2) The Burglary is committed by a person with a prior record of two or more convictions for Burglary or housebreaking or a combination of both; or
(3) The entering or remaining occurs in the nighttime.
(2) Burglary in the second degree pursuant to subsection (B) is a felony punishable by imprisonment for not more than fifteen years, provided, that no person convicted of Burglary in the second degree pursuant to subsection (B) shall be eligible for parole except upon service of not less than one-third of the term of the sentence.
Burglary 2nd Degree (Non-Violent)
The statute for Burglary 2nd degree is 16-11-312.
A person is guilty of Burglary in the second degree if the person enters a dwelling without consent and with intent to commit a crime therein.
Burglary in the second degree is a felony punishable by imprisonment for not more than ten years. (0-10 yrs.)
Burglary 3rd Degree
The statute for Burglary 3rd degree is 16-11-313.
A person is guilty of Burglary in the third degree if the person enters a building without consent and with intent to commit a crime therein.
(B) Burglary in the third degree is a felony punishable by imprisonment for not more than five years for conviction on a first offense and for not more than ten years for conviction of a second offense according to the discretion of the Court.
Charleston Criminal Defense Attorney
Call me today at (843) 530-7813 or e-mail me with any questions or concerns regarding your burglary in South Carolina arrest, you will speak directly to an experienced Charleston criminal defense lawyer about your case. The consultation is free and all discussions are confidential.