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Burglary in South Carolina

Burglary 1st First Degree

 

Justin M. Lovely and Amy S. Lawrence handle Burglary charges.  These are serious crimes that require knowledge of the burglary statute and penalties.

Elements Of The Offense:

1.     That the accused did break and enter a dwelling without consent and with the intent to commit any crime and: one or more of the following aggravating circumstances are present:

a.     armed with a deadly weapon (either himself or codefendant).
b.     causes physical injury to any person who is not a participant in the crime.
c.     threatens use of a dangerous instrument.
d.     displays what appears to be a knife or firearm.
e.     has a prior record of two or more convictions for burglary or housebreaking or a combination of both.
f.     enters, remains in, or exits during the nighttime.

Penalty:

Imprisonment for life, but it may be reduced to not less than 15 years. For purposes of this section, “life” means until death.

Burglary 2nd Second Degree

Elements Of The Offense:

1.     That the accused did break and enter a dwelling without consent and with the intent to commit any crime. (no aggravating circumstances are present)

OR

2.     That the accused did break and enter a building without consent and with the intent to commit any crime and one or more of the following aggravating circumstances are present:

a.     is armed with a deadly weapon (either himself or codefendant).
b.     causes physical injury to a nonparticipant in the crime.
c.     threatens use of a dangerous instrument.
d.     displays what appears to be a knife or firearm.
e.     has a prior record of two or more convictions for burglary or housebreaking or a combination of both.
f.     enters, remains in, or exits during the nighttime.

Penalty:

Imprisonment for not more than 10 years for a violation of Section 16-11-312(A).

Imprisonment for not more than 15 years for a violation of Section 16-11-312(B).

 

Burglary 3rd THIRD Degree

Elements Of The Offense:

1.     That the accused did break and enter a building without consent and with the intent to commit any crime.

Penalty:

1st Offense: Imprisonment for not more than 5 years

Second or Subsequent Offense: Imprisonment for not more than 10 years.

As you can see from the above penalties, Burglary in South Carolina is not treated lightly.  A person charged with Burglary can face a  life sentence in Horry County, South Carolina.  Burglary charges in Myrtle Beach and North Myrtle Beach are General Sessions cases bound over to be heard in Conway in General Sessions Court.  The Myrtle Beach criminal defense attorneys at The Lovely Law Firm can evaluate your charge and explain your rights and defenses.  Justin M. Lovely and Amy S. Lawrence are available to meet with clients at our Myrtle Beach office or if incarcerated, J. Rubin Long Detention Center.  If you or a loved one has been charged with Burglary, Contact Us today to discuss your situation. 843-839-4111