Burglary charges are governed by N.C.G.S. 14-51
Burglary is the unlawful intrusion into a dwelling at night with the intent to commit a crime therein. In North Carolina, there are two different classifications for this crime; – first and second degree. Because of this, the state’s prosecution of these charges depend on the facts and circumstances surrounding your case.
The distinctions between the severity of the possible charges, are as follows:
FIRST DEGREE BURGLARY
If the alleged incident is committed in dwelling when someone is present, it is a Class D Felony. This carries up to 80 months in prison for a first-time offender. However, this number can vary substantially based on the circumstances of your case. If your charged with first degree, it is in your best interest to hire a criminal defense lawyer immediately.
SECOND DEGREE BURGLARY
If the alleged incident is committed in a home or dwelling when no one is home, it is a Class G Felony. This carries up to 21 months in prison for first time offenders, but can be substantially increased based on the circumstances of your case. Because of this if you have been charged with second degree burglary, it is in your best interest to hire a criminal defense lawyer right away to receive the best possible outcome.
Punishment for Burglary Charges
In North Carolina, Burglary is always considered a felony, and never a misdemeanor. Because of this the punishment for a conviction, is governed by the North Carolina felony sentencing guidelines. Determining the chance of serving prison time is a three step process. First, you determine the class of the burglary that the Defendant is charged with. Next, you determine the prior record level. Finally, you look at whether there are any aggravating or mitigating factors.
If the state charges you with any criminal offense, contact a lawyer right way.