Burglary in South Carolina is a very specific crime that is not as simple as simply breaking and entering into someone’s home.  Under South Carolina criminal law, burglary is a felony and carries serious consequences.  If you have been charged with burglary in South Carolina, you should contact a South Carolina criminal defense attorney immediately.

Burglary in South Carolina

There are several degrees of burglary, they are all felonies and require the state proving beyond a reasonable doubt that the defendant entered the dwelling of another without consent and with the intent to commit a crime in the dwelling.

Additional allegations would determine the level of the crime charged.

Burglary in the first degree

When, in effecting entry or while in the dwelling or in immediate flight, he or another participant in the crime:

• Is armed with a deadly weapon or explosive; or
• Causes physical injury to a person who is not a participant in the crime; or
• Uses or threatens the use of a dangerous instrument; or
• Displays what is or appears to be a knife, pistol revolver, rifle, shotgun, machine gun, or other firearm; or
• The burglary is committed by a person with a prior record of two or more convictions of burglary or housebreaking or a combination of both; or
• The entering or remaining occurs in the nighttime.

Burglary in the first degree is punishable by life imprisonment – the judge has the discretion to sentence the defendant to a sentence of a term not less than 15 years.

Burglary in the second degree

When, in effecting entry or while in the building or in immediate flight therefrom, the defendant or another participant in the crime:

• Is armed with a deadly weapon or explosive; or
• Causes physical injury to any person who is not a participant in the crime; or
• Uses or threatens the use of a dangerous instrument; or
• Displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
• 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
• The entering or remaining occurs in the nighttime.

Burglary in the second degree, in general is punishable by imprisonment for not more than 15 years, but some exceptions apply.

Burglary in the Third degree

• Burglary in the third degree is simply entering a building without consent and with the intent to commit a crime therein.

South Carolina criminal law can be quite confusing. As you can see from the above-stated information, it looks like First Degree Burglary and Second-Degree Burglary are the same thing.  There are other considerations however to be able to know the different and this is where a South Carolina criminal defense lawyer is essential.

At Gilles Law we handle criminal law, specifically criminal defense, ranging from misdemeanors, to felonies, to federal charges in both North Carolina and South Carolina.  If you are in need of criminal defense attorneys, for burglary or any other criminal charges, contact us.