High Point Burglary Lawyer

High Point Burglary Attorney

Felony crimes are the most serious crimes you can be charged with. Burglaries can fall into two different classes of felonies, staining your criminal record and bringing on harsh consequences. If you are facing a felony charge for burglary, reach out to a High Point burglary lawyer in North Carolina to see what defenses are possible for your criminal case.

At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, we aim to provide comprehensive legal counsel to our clients. Whether or not you committed the offense you were charged with, you deserve a lawyer who advocates tirelessly for you and your rights.

What Is Considered Burglary?

Burglary is a felony charge where a person enters a dwelling unlawfully and without the occupant/resident’s consent with the intent to commit a felony or larceny therein. To be considered burglary, the incident must also occur at night, regardless of if the occupant was present during the incident. It can be charged as a Class D felony offense or a Class G felony offense which both warrant prison sentences of varying lengths, unless a criminal defense attorney can help you successfully contest it.

Different Types of Burglary You Can Be Charged With in North Carolina

In North Carolina, you can be charged with either first-degree burglary or second-degree burglary. By default, burglary is always recognized as a felony, which is the most severe kind of criminal charge above infractions and misdemeanors. Burglary is considered first-degree when an occupant is in the dwelling at the time of the offense. Second-degree burglaries occur when there are no occupants in the dwelling during the incident.

Potential Penalties for Burglary Charges in North Carolina

Felonies incur higher penalties than other kinds of crimes, and these penalties are dependent on class and whether or not there was any sort of aggravation involved toward victims. Sentences may also be enhanced by repeat offenses.

First-degree burglary cases may have sentences with between 4 and 10 years of imprisonment, although the maximum prison sentence for a Class D felony is 17 years. Second-degree burglary cases, which are considered Class G felonies, can incur sentences of between 8  months and 4  years of imprisonment.

Any enhancements to a felony case can add time to your prison sentence. Securing a skilled burglary lawyer may be the difference between years of imprisonment and a reduced charge.

Other Charges That a Burglary Incident Can Involve

Burglary is a crime that often involves other criminal offenses. It can also closely resemble other offenses, so it is important to know exactly what you are defending yourself against.

Burglary can look like trespassing or simply breaking and entering. However, burglary has some key differences that separate it. In North Carolina, burglary must occur at night and only to a house, apartment, or dwelling. Breaking and entering can be done at any time of day and to any type of building. Trespassing is the unlawful entering or remaining of an individual in a building, area, or land which has clear intent to keep people out.

As a crime, burglary can also involve acts of assault, especially if the resident was in the dwelling at the time of the incident.

Building a Strong Defense for Your Burglary Charge

At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, we are familiar with many types of defenses for burglary charges. Following a consultation, we can look at the facts of your case and determine what kind of defense your case would benefit from, such as:

• Intent-based defense – The offense was not committed intentionally
• Consent-based defense – The person who entered the dwelling actually had consent to enter
• The burglary was necessary for some reason

To maximize your chances of success, we make sure our defenses are tailored toward your particular situation.

FAQs

What Is the Worst Type of Burglary?

The worst type of burglary, or the type of burglary that warrants the most severe sentence, is a first-degree burglary case. These cases are considered a Class D felony offense, which can receive up to 17 years of imprisonment, although the common range is 4 to 10 years. This sentence can be enhanced if there were any factors of aggravation or assault involved. First-degree offenses involve occupants being present at the time of the burglary.

What Determines the Severity of a Burglary?

The severity of a burglary can be determined by looking at:

• How much might have been stolen
• If the occupants/residents were present
• If a weapon was used to threaten or assault a resident

An attorney can help you reduce your sentence or have your charge dismissed by arguing that the circumstances were not severe. In some cases, you could even argue that the burglary was necessary.

How Long Can a Felony Charge Be Pending in North Carolina?

A felony charge in High Point, North Carolina does not have a limit to how long it can be pending. North Carolina is unique in that felony charges can be brought upon a person at any point. North Carolina does not have a statute of limitations on felony charges. This means you could have a charge  filed against you over a felony decades after it occurred.

How Much Jail Time Do You Get for Burglary in North Carolina?

The amount of jail time you get for burglary in North Carolina is dependent on a few factors, such as the degree of the burglary, whether the incident involved assault, and whether the defendant was a habitual felon. With so many factors involved in determining a sentence, it can be difficult to estimate. A seasoned criminal defense lawyer can help you calculate a sentence outcome after examining your case.

Strong Defense Lawyer for Your North Carolina Burglary Case

Criminal charges can affect countless aspects of your life and future. Regardless of if you committed the offense you are being charged with, you deserve a strong advocate for your case. Reach out to a High Point burglary lawyer today to schedule a consultation. At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, we can look at the details of your case and create a defense that is mindful of the stakes at hand.