Charlotte Burglary Lawyer
Committing a burglary in North Carolina carries severe consequences. According to statistics, over 72,000 burglaries took place last year in our state. If you are facing a charge of burglary, you should expect the state to pursue their case against you aggressively, therefore it is crucial that you speak to a skilled Charlotte burglary defense attorney as soon as possible.
What Is Burglary In North Carolina?North Carolina defines burglary as the breaking and entering of someone else's home without their permission, while intending to commit a crime. If you're currently being investigated for burglary in North Carolina, you should seek the advice of an experienced Charlotte burglary attorney immediately.
In order to secure a conviction for burglary, the state must prove that each of the following elements occurred during the crime:
1. The state must prove that you crossed the threshold of the home, such as walking through an unlocked door or climbing through a window. This is known as "Breaking and Entering."
2. The state must prove that the occupant of the home did not give you willing consent to enter it.
3. The property must be a dwelling home or "sleeping apartment," for example, a bedroom rented in a home.
4. The state must finally prove that you entered the property with the intent to commit a crime.
Charges Of Burglary In North CarolinaIn the state of North Carolina, you can be charged with either first-degree burglary or second-degree burglary. If you are being accused of burglarizing a home while it was occupied, you will likely face the more severe charge of first-degree burglary.
First-Degree BurglaryFirst-degree burglary is committed if a home is burglarized while the occupants are at home. This charge applies even if the part of the home that was burglarized wasn't occupied at the time, for example, if the occupants are in bed and you only enter the living room, you can still be charged with first-degree burglary.
In North Carolina, first-degree burglary is a Class D Felony. If you are found guilty of first-degree burglary, you could face a minimum of 64 months in prison, plus fines. If there are any additional aggravating factors, such as the victim coming to hard during the burglary, your prison sentence will likely be even longer.
Second-Degree BurglaryBurglary is a second-degree offense if the property is not occupied during the crime. In North Carolina, second-degree burglary is a Class G Felony, and if convicted, you could face a minimum of 8 months in prison, up to a maximum of 31 months. However, it is essential to remember that if there are any aggravating factors, such as a prior criminal record, your sentence length could be increased substantially.
Why Is It Important To Hire A Charlotte Homicide Lawyer?Retaining the help of a knowledgeable Charlotte criminal defense lawyer is crucial to the success of your case — especially if you're innocent. The legal process can be extremely complex, but a skilled criminal defense lawyer can help you deal with every aspect of the legal system while protecting your legal rights. In addition, an experienced Charlotte burglary lawyer can ensure that the validity of any evidence gathered against you is questioned.
Burglary is a severe charge in North Carolina, and a conviction could tear your life apart. If you have been arrested, or are currently being investigated for burglary, it is crucial that speak to a criminal defense attorney that has experience defending against burglary charges.
Building A Defense Against Burglary Charges In North CarolinaUnder U.S. law, you have the right to a fair trial. This includes being given the opportunity to present your defense. To get a conviction for burglary, prosecutors must prove that you're guilty beyond a reasonable doubt.
Potential defenses that can be utilized in a burglary case include:
● Case of mistaken identity, if you have been wrongly identified
● Providing evidence that you had permission to enter the home
● Proving that you entered the property by mistake