Winston Salem Burglary Defense Attorneys

Being charged with burglary is a serious matter. If you are convicted, you could face significant jail time and other penalties. You need to take these charges seriously and seek the help of an experienced criminal defense attorney as soon as possible.

At Grace, Tisdale & Clifton P.A., we have been defending people against burglary charges for more than 30 years. We know how to build an effective defense against these charges, and we know how to win. We are committed to helping you achieve the best possible outcome in your case.

For the strong defense you need against burglary charges, turn to Grace, Tisdale & Clifton P.A.Call us today at (336) 515-6552 or contact us online.

What Is Burglary?

Under North Carolina law, burglary is defined as breaking into and entering a building with the intent to commit a felony or larceny. The crime of burglary is complete as soon as you enter the building with the intent to commit a crime, even if you never actually commit the crime.

There are several key elements to the crime of burglary:

Breaking and entering: Breaking and entering means entering a building without the consent of the owner. You do not have to physically break anything to be charged with breaking and entering. Simply opening an unlocked door or window can be enough to satisfy this element of the crime.
A building: A building is defined as any structure that is capable of being used for human habitation. This can include houses, apartments, office buildings, and other structures.
Intent to commit a crime: You must have the intent to commit a felony or larceny when you enter the building. Larceny is the taking of someone else’s property without their consent. It is a form of theft.

If you are charged with burglary, the prosecutor must prove each of these elements beyond a reasonable doubt. If the prosecutor cannot prove even one of these elements, you cannot be convicted of burglary.

What Is the Difference Between Burglary and Breaking and Entering?

Breaking and entering is a separate crime from burglary. The key difference between the two crimes is the intent of the person entering the building.

As we mentioned above, burglary requires that you enter a building with the intent to commit a felony or larceny. Breaking and entering, on the other hand, does not require that you have any intent to commit a crime when you enter the building.

Breaking and entering is a serious crime in its own right. If you are convicted of breaking and entering, you could face up to 39 months in prison. If you are convicted of burglary, you could face up to 204 months in prison.

What Are the Penalties for Burglary in North Carolina?

In North Carolina, burglary is a felony. The specific penalties you face if you are convicted of burglary depend on the circumstances of the crime.

There are three degrees of burglary in North Carolina:

First-degree burglary: You can be charged with first-degree burglary if you break into and enter a building with the intent to commit a felony or larceny and you do any of the following: use or threaten to use a dangerous weapon, cause physical injury to someone who is not an accomplice, or enter the building while someone is lawfully inside. First-degree burglary is a Class D felony. If you are convicted of first-degree burglary, you could face up to 204 months in prison.
Second-degree burglary: You can be charged with second-degree burglary if you break into and enter a building with the intent to commit a felony or larceny. Second-degree burglary is a Class G felony. If you are convicted of second-degree burglary, you could face up to 47 months in prison.
Third-degree burglary: You can be charged with third-degree burglary if you break into and enter a building with the intent to commit a felony or larceny. Third-degree burglary is a Class H felony. If you are convicted of third-degree burglary, you could face up to 39 months in prison.

In addition to these penalties, you could also face significant fines and other consequences if you are convicted of burglary. You will also have a felony conviction on your criminal record, which can make it difficult to find a job, get a loan, or find housing.

How Can a Burglary Defense Attorney Help Me?

If you are charged with burglary, you need to take these charges seriously. A conviction can have a significant impact on your life. You could face significant jail time, fines, and other penalties. You will also have a felony conviction on your criminal record, which can make it difficult to find a job, get a loan, or find housing.

You need to seek the help of an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges you are facing and the potential penalties you face if you are convicted. An attorney can also help you understand your legal rights and options.

There are several defenses that may be available to you if you are charged with burglary:

You did not break into or enter the building: As we mentioned above, burglary requires that you break into and enter a building. If you did not break into or enter the building, you cannot be convicted of burglary. You may be able to argue that you had the owner’s consent to enter the building or that you did not actually enter the building.
You did not have the intent to commit a crime: As we mentioned above, burglary requires that you have the intent to commit a felony or larceny when you enter the building. If you did not have the intent to commit a crime, you cannot be convicted of burglary. You may be able to argue that you did not have the intent to commit a crime when you entered the building.
You are the victim of mistaken identity: If you are the victim of mistaken identity, you cannot be convicted of burglary. You may be able to argue that the police arrested the wrong person or that the eyewitnesses are mistaken.

An experienced criminal defense attorney can help you determine which defenses may be available to you based on the specific facts of your case. An attorney can also help you gather the evidence you need to build a strong defense against these charges.

Why Choose Grace, Tisdale & Clifton P.A.?

Schedule a Free Consultation with Our Burglary Defense Lawyers Today

If you are facing burglary charges, you need to seek the help of an experienced criminal defense attorney as soon as possible. At Grace, Tisdale & Clifton P.A., we have been defending people against burglary charges for more than 30 years. We know how to build an effective defense against these charges, and we know how to win. We are committed to helping you achieve the best possible outcome in your case.