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.

Breaking and entering is a felony if it includes the intent to commit a felony in the building or grounds that were illegally entered. Breaking and entering without the intent to commit a felony, however, is a misdemeanor.

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.

To secure a burglary conviction in North Carolina, the State must establish several key elements beyond a reasonable doubt:

1. Breaking and Entering: The defendant must have broken and entered a dwelling house or sleeping apartment.

2. Nighttime Occurrence: This act must have taken place during the nighttime, adding to the severity of the offense.

3. Occupancy Status: At the time of the breaking and entering, it must be shown whether the dwelling was occupied or not, impacting the level of threat perceived.

4. Lack of Consent: It is crucial to demonstrate that the owner or tenant did not consent to the entry, reinforcing the unlawful nature of the act.

5. Felonious Intent: Finally, the State must prove that at the time of breaking and entering, the defendant intended to commit a specific felony within the dwelling.

This comprehensive approach underscores the seriousness with which the law views burglary and the stringent requirements for a conviction.

Why Contacting a Criminal Defense Attorney is Crucial if Charged with Burglary in North Carolina

Facing a burglary charge in North Carolina can be overwhelming, but one of the most critical steps you can take is to consult with a skilled criminal defense attorney. Here’s why:

Understand Your Rights

An experienced attorney ensures you fully understand your rights and the specific charges against you. Without proper legal guidance, you might inadvertently waive protections that are crucial to your defense.

Navigate Complex Legal Processes

The legal system is complex and can be intimidating without expert help. A seasoned lawyer can guide you through the court process, managing paperwork and deadlines, which reduces stress and costly errors.

Avoid Severe Penalties

North Carolina imposes severe penalties for burglary, particularly for first-degree charges. A conviction can lead to a long prison sentence. An attorney can strategize to minimize these penalties, possibly negotiating reduced charges or alternative sentencing options.

Develop a Strong Defense

A defense attorney will thoroughly investigate your case, challenging evidence and prosecution tactics. Their objective analysis can reveal weaknesses in the case against you, which is essential for building a solid defense.

Protect Your Future

A burglary conviction can have long-term consequences, affecting job prospects and personal relationships. By securing competent legal representation, you increase your chances of a favorable outcome, safeguarding your future.

In short, partnering with a knowledgeable criminal defense attorney is essential when charged with burglary in North Carolina. Their expertise can significantly influence the outcome of your case, providing the best possible protection for your rights and freedom.

In North Carolina, if someone receives a suspended sentence for burglary, a variety of probationary measures or penalties might be imposed as conditions. These conditions are designed to maximize rehabilitation while ensuring justice is served. For those unfamiliar with the process, here’s a closer look:

Possible Conditions for Suspended Sentences

1. Supervised Probation: The individual must regularly meet with a probation officer who monitors compliance with the court’s conditions.

2. Intensive Probation: This form is stricter, involving more frequent check-ins and closer supervision to ensure adherence to probationary terms.

3. Electronic Monitoring: The person may be required to wear an electronic device that tracks their location, restricting movements to certain areas.

4. Community Service: Engaging in community work helps the individual give back to society while fulfilling part of their sentence.

5. Court-Related Financial Obligations:

• Court Costs: Payment of various fees associated with the legal process.
• Fines: Monetary penalties determined by the severity of the offense.
• Probation Supervision Fees: Covering the expenses related to the oversight of probation.

Each condition serves a specific purpose and collectively, they aim to prevent re-offending, promote responsibility, and ensure public safety.

Common Defenses to Burglary in North Carolina

Under North Carolina law, burglary involves unlawfully breaking or entering a dwelling with the intent to commit a felony inside. Although the state’s statutes define burglary, traditional Common Law defenses can still be applied. Here are some common defenses that may be used:

1. Consent

   • If the defendant can demonstrate that they had permission to enter from the property owner or someone with legal possession rights, it can be a valid defense. For instance, possessing a key and being allowed to enter the property negates the unlawful entry aspect, even if the subsequent actions were felonious.

2. Mistake

   • A defense based on mistake can arise if the entry was due to an honest and reasonable misunderstanding. If the defendant genuinely believed they had a right to enter, this may negate the intent needed for a burglary charge.

3. Necessity

   • This defense argues that the defendant’s actions were necessary to prevent a greater harm, such as entering a property to escape imminent danger or to aid someone in distress. The necessity defense must convincingly show that the unlawful entry was imperative under the circumstances.

Each defense hinges on the specific facts and circumstances of the case, and proving one may require substantial evidence or testimony. In navigating these defenses, it often helps to consult with legal counsel familiar with both North Carolina statutes and Common Law precedents.

Examples of Burglary Charges Under North Carolina Criminal Law §14-51

Case 1: Intent Without Completion

Imagine a scenario where an individual enters a home through an unlocked window with the intention of robbing the residents. The person plans to restrain both occupants before committing the theft. However, upon hearing footsteps, they flee the scene through the back door. In this instance, even though the crime was not completed, the individual could still face a First Degree Burglary charge. Under North Carolina law, the mere intent to commit a felony is sufficient for such a charge.

Case 2: Tools and Intent

Consider an individual who unlawfully enters a residence in Mooresville, North Carolina, by prying open a window. Inside, a woman resides alone. The entry is made using a credit card, a method considered part of the “burglary tools.” Though found in the kitchen eating leftovers, and without possession of any weapons or restraining devices, the individual is charged with both First Degree Burglary and attempted First Degree Rape.

The crucial question is the intent. Without solid evidence of intent to commit sexual assault, such as weapons or a direct confession, proving intent beyond a reasonable doubt becomes challenging. However, thanks to the presence of burglary tools, there’s room for interpretation. A jury could infer that the intent was to commit theft, not rape, especially when found rummaging through the kitchen. Consequently, a conviction for First Degree Burglary with the intent to commit a larceny becomes plausible if the evidence supports it.

In summary, under North Carolina law, the presence of intent, even if the felony itself isn’t carried out, plays a crucial role in burglary charges. The burden lies in proving that intent beyond a reasonable doubt, taking into context the circumstances and available evidence.

Understanding Related Legal Issues with Burglary Charges in North Carolina

When facing burglary charges in North Carolina, it’s crucial to grasp the associated legal frameworks and how they may influence your situation. Here are key legal aspects to consider:

1. Classification of Crimes
   Burglary is classified under North Carolina Criminal Law, which differentiates between felonies and misdemeanors. Understanding these classifications is vital as they dictate the severity of the offense and potential penalties.

2. Felonious Larceny Charges
   Larceny of goods valued over a certain threshold, often set at $1,000, can escalate the crime to a felony. This is critical to know, as it increases the stakes, including potential imprisonment.

3. Burdens of Proof
   In criminal cases, the prosecution must prove guilt beyond a reasonable doubt, a higher standard than in civil cases. This means the evidence presented must conclusively persuade the judge or jury of the defendant’s guilt.

4. Probable Cause
   For law enforcement to make an arrest for burglary, probable cause must exist. This refers to the reasonable basis for believing that a crime has been committed and that the suspect is responsible.

5. Options for Dismissing Charges
   Depending on the circumstances, it may be possible to have burglary charges reduced or dismissed. Factors that could influence this include lack of evidence, procedural errors, or negotiating a plea deal.

Navigating the complexities of these legal issues can be daunting, and securing experienced legal counsel is often advisable to achieve the best possible outcome.

First-Degree Burglary

Elements

A person is guilty if they:

1. Break and
2. Enter
3. Without consent
4. Into the dwelling house or sleeping apartment
5. Of another
6. While it is actually occupied
7. At night
8. With the intent to commit any felony or larceny therein

For Element 1, breaking requires the making of some kind of opening. Entering into a building through an open door or window is not considered breaking. However, opening an unlocked door or window would be considered breaking.

In the context of burglary under North Carolina law, “entering” is defined broadly. The act of entering can be accomplished by the offender putting any part of their body into the building. This includes even the smallest intrusion, such as a finger, crossing the threshold. It’s important to note that the legal definition of entering does not require the entire body to be inside the building. Instead, any part of the body that breaches the boundary suffices to meet the legal criteria for entering.

Understanding these nuances helps clarify the elements of burglary, emphasizing that both breaking and entering can occur with minimal physical action.

Punishment

If a person is guilty of first-degree burglary, they are guilty of a Class D felony under N.C. Gen. Stat. § 14-52.

Second-Degree Burglary

Elements

A person is guilty if they:

1. Break and
2. Enter
3. Without consent
4. Into the dwelling house or sleeping apartment, or any building within the curtilage of the dwelling
5. Of another
6. At night
7. With the intent to commit any felony or larceny therein

Second-Degree burglary is almost exactly like First-Degree burglary except Second-Degree burglary does not require the dwelling to be occupied or that the building broken into be the actual dwelling place, just a building within the curtilage (surrounding area) of the dwelling.

Punishment

If a person is guilty of second-degree burglary, they are guilty of a Class G felony under N.C. Gen. Stat § 14-52.

Breaking Out of a Dwelling

Elements

A person is guilty if they:

1. Enter
2. Without consent
3. The dwelling house
4. Of another
5. With the intent to commit any felony or larceny therein or
6. Commits any felony or larceny
7. In the dwelling house
8. Of another and
9. Then breaks out of the dwelling
10. At night

This offense allows the State to charge a person who entered into a house without having to break in, but did have to break in order to leave or escape. This offense also address the possibility of an individual entering into a house during the day and then having to leave at night.

In this offense, breaking is still defined as when an individual makes some sort of opening in order to leave.

Punishment

If a person is guilty of breaking out of a dwelling, they are guilty of a Class D felony under N.C. Gen. Stat. § 14-53.

Felonious Breaking or Entering of a Building

Elements

A person is guilty if they:

1. Break or enter
2. Without consent
3. Any building
4. With the intent to commit any felony or larceny therein

For Element 1, there does not have to be both a breaking and an entering, just a single breaking or an entering. The felonious breaking or entering can also occur at any time of day.

Punishment

If a person is guilty of felonious breaking or entering of a building, they are guilty of a Class H felony under N.C. Gen. Stat. § 14-54(a).

Misdemeanor Breaking or Entering of a Building

Elements

A person is guilty if they:

1. Break or enter
2. Without consent
3. Any building

The elements of this offense are the same as felonious breaking or entering of a building except for the lack of intent to commit a felony or larceny

Punishment

If a person is guilty of misdemeanor breaking or entering of a building, they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 14-54(b).