What is the Law on Burglary in North Carolina and What are the Punishments for it?
There are several criminal laws in North Carolina for burglary and activities linked to burglary crime. People are generally confused to understand the difference between robbery and burglary. But, the major difference which will guide you to realize the distinction is that burglary is not performed by using force like robbery.
Citizens of North Carolina, who enter into other citizen’s property without his or her consent, are charged with illegal breaking and entering. Listing out the offenses of burglary is essential to know the law for burglary as a crime and also the punishment for it.
What are the categories of Laws for Burglary in North Carolina?
Laws for the crime of burglary in North Carolina have been categorized into two divisions such as first-degree burglary and second-degree burglary. Both laws have a common definition of the crime of burglary and that is breaking and entering into a house of another without permission to commit a crime intentionally such as theft.
- First Degree Burglary: When anyone enters into a house through a door or window which is already open, it is not defined as breaking. But, when anyone opens an unlocked door or window, it would be defined as a crime of breaking. If the intruder obtains permission or consent to enter the house by implementing fraudulent measures, it is also considered as without permission or consent. If an intruder burglarizes a house when the house is occupied, the crime of burglary is categorized as the first-degree burglary.
- Second Degree Burglary: When no one is present at home at the time of the burglary, the crime is categorized as second-degree burglary. Sometimes, a person enters into the house without breaking, but he or she has to break for escape. It can be possible when a person enters the house at day time and leave at night.
- Felonious Breaking or Entering of any Building: This charge of offense involves a single breaking or entering. Considering the type of building, your offense could be decreased when the building is used for another purpose except dwelling. The offense is upgraded to a felony when an intruder breaks the building intentionally to commit a crime. The level of offense is also elevated when an intruder breaks a religious place to enter.
- Misdemeanor Breaking or Entering of any Building: The charge of crime to possess tools forcefully to enter into a building or a vehicle with lack of intent.
What ate punishments for Burglary in North Carolina?
Punishments for different charges for the crime of burglary are as follows.
- In North Carolina, an individual, who is charged for the crime of first-degree burglary of Class D felony, is punished for 64 to 80 months of imprisonment when he or she has no earlier criminal record.
- An individual, who is charged for the crime of second-degree burglary of Class G felony, is punished for 8 to 31 months imprisonment.
- When a person breaks and enters into a property, it is considered as a Class 1 misdemeanor.
- When a person breaks and enters into a building to commit felony or larceny intentionally, it is considered a Class H felony. He or she is punished for a presumptive period of 6 months of imprisonment for first-time offenders.
- If an individual breaks and enters into a religious place, it is considered as a Class G felony. He or she is punished for 10 to 13 months of imprisonment when he or she has not any previous criminal record.
If you are convicted for a crime in North Carolina, you should consult an efficient local criminal defense attorney who will provide you essential assistance to navigate the system of criminal justice in North Carolina.