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Breaking and Entering Law North Carolina

Breaking and entering into another person’s property illegally is a very common offense at the beginning of human history. Sometimes an individual breaks and enters unlawfully into a property with the intention of performing a crime specifically theft. North Carolina Breaking and Entering Law, defines this type of criminal activity as burglary. Burglary and robbery both crimes have many similarities, but robbery defines unlawfully acquiring a property using threat and force. It is a major difference between robbery and burglary.

According to the Breaking and Entering Law North Carolina, when an individual commits an offense of burglary, he or she is charged with the first degree of burglary or the second degree of burglary.

Breaking and Entering Law north carolina

Different types of offenses and circumstances of burglary in North Carolina

When an individual illegally breaks and enters into the occupied property with the intention to conduct an offense such as theft, it is considered burglary of first degree under the Breaking and Entering Laws within the state of North Carolina. On the other hand, when an individual illegally breaks and enters into the property not occupied by the owner or any person lawfully, the burglary involves the second degree of burglary according to the Breaking and Entering Law within the state.

Types of the property and the circumstance are also a factor when the court decides the charges of burglary. When the property is used for other purposes rather than a dwelling place or home, the severity of offense gets reduced. But, when the accused person breaks and enters into the property unlawfully with the intention to conduct criminal activity, the convicted person may be charged with a felony. The elevation of charges of burglary depends on the property when it is related to religious worship.

Punishment for Breaking and Entering in North Carolina

Punishment for Breaking and Entering in North Carolina depends on the types of charges according to the state law of burglary. When an accused person is charged with the burglary of the first degree, he or she gets punishment based on the Class D felony. He or she gets punishment of imprisonment for 64 months to 80 months within a state jail when there is no existence of previous conviction due to crime previously.

When an accused person is charged with the burglary of the second degree, he or she gets punishment based on the Class G felony. He or she gets punishment of imprisonment for 8 months to 31 months within a state jail.

North Carolina Breaking and Entering Law
A person charged with the first degree considering Breaking and Entering Law will be convicted under a Class 1 misdemeanor. When a person breaks and enters into a property illegally with the intention to conduct larceny or a crime of a felony, he or she gets punishment of imprisonment for 6 months under a presumptive term as he or she commits the offense for first-time.

When an individual breaks and enters with a property of religious worship, he or she gets punishment based on a Class G felony. He or she gets punishments of imprisonment for 10 months to 13 months when there is no existence of criminal activity previously.

There are some possibilities for defenses when a person is charged with an offense under North Carolina Breaking and Entering Law. These possibilities are when an individual breaks and enters unlawfully within a property by mistake of fact or when individual breaks and enters unlawfully within a property without any intention or when an individual breaks and enters within a property taking the consent of the owner the property.

There are some circumstances when an individual can be accused of an offense under Breaking and Entering Laws. Sometimes, a person helps for preparation to conduct burglary or other kinds of breaking properties. Sometimes, an individual breaks and enters into or breaking out of boats, vehicle or aircraft illegally to commit burglary.

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Search for anyone in the United States! 100% Confidential! Updated on September 16, 2021
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