There are multiple degrees of burglary charges in South Carolina: first degree burglary, second degree burglary, and third degree burglary. The degrees come with their legal distinctions, and it may be confusing to decipher what each one means. This is important to know before you meet with an experienced Greenville criminal defense attorney, as they can help you reduce the severity of your charges.
This post will focus on second degree burglary and how it is defined under South Carolina law.
What is Burglary in South Carolina?
Burglary is unauthorized entry into a building or property to commit a crime inside. This includes all types of buildings, homes, offices, sheds, barns, boats, cars. The key is the intent to commit a crime, which can be theft or more serious crimes like arson, assault, or causing physical injury.
Types of Burglary
In South Carolina burglary is classified into 3 degrees.
A prior record of two or more past charges or convictions of burglary may categorize the offense as violent and can influence the severity of punishment.
First Degree Burglary
First degree burglary is the most severe. It is considered a violent crime involving unlawful entry into a dwelling at night, use of violence, or presence of a weapon. Premeditated and carries long prison sentences.
Second Degree Burglary
Second degree burglary, the focus of this article, is unlawful entry into a building or dwelling without consent and with intent to commit a crime.
This can be further broken down into non-violent and violent second degree burglary, depending on if the crime had aggravating circumstances, such as the presence of a deadly weapon or harm. Carrying a deadly weapon during a burglary is considered an aggravating circumstance, leading to the burglary being classified as a violent crime under SC law. This can result in longer jail sentences and heavier fines.
Third Degree Burglary
Third degree burglary is the least severe. Unlawful entry into a building without aggravating circumstances. It’s a felony but the penalties are less than first and second degree burglary.
Types of Second Degree Burglary
Second degree burglary can be broken down into two categories: non-violent and violent.
Non-Violent Second Degree Burglary
Non-violent second degree burglary is entering a dwelling with intent to commit a crime but without aggravating circumstances such as use of a weapon or harm. Example: breaking into a home during the day to steal electronics. This type of burglary does not involve immediate flight after the crime.
This is still a felony and carries penalties but not the same level of threat as violent burglary.
Violent Second Degree Burglary
Violent second degree burglary is when the perpetrator is armed, causes harm, or threatens violence during the commission of the crime. Example: breaking into a store at night with a dangerous instrument or weapon.
The presence of these aggravating circumstances makes the crime more severe and carries harsher penalties than non-violent second degree burglary.
Elements
Several elements must be present for a charge of second degree burglary:
- Unlawful Entry: The perpetrator must enter the property without consent.
- Intent: There must be an intent to commit a crime inside.
- Type of Building: The property can be homes, offices, sheds, barns, boats, cars.
- Presence of Weapon: If a weapon is involved it can be violent second degree burglary.
Penalties
Penalties for Non-Violent Second Degree Burglary
In South Carolina non-violent second degree burglary is a felony. If convicted the offender can get up to 10 years in prison. The length of the sentence depends on the specifics of the crime and the offender’s criminal history. Even though this type of burglary doesn’t involve violence the penalties are still severe because of the intent to commit a crime inside a dwelling. The length of the sentence can also be influenced by the offender’s prior record.
Penalties for Violent Second Degree Burglary
Violent second degree burglary is considered a violent crime and carries harsher penalties than non-violent burglary. Conviction can get up to 15 years with at least one-third of the sentence to be served before parole. Presence of a weapon, causing harm or breaking in at night are all aggravating circumstances that increase the penalties.
Sentencing Factors
Several factors will be considered in second degree burglary sentencing in South Carolina:
- Crime Severity: The crime itself, violent or non-violent, determines the length of the sentence.
- Presence of a Weapon: If a weapon was used or displayed during the crime it gets harsher penalties.
- Prior Criminal History: Repeat offenders or those with similar crimes in their history may get longer sentences.
- Value of Stolen Property: Value of property stolen during the burglary also matters.
- Two or More Convictions: Having two or more prior convictions can lead to longer sentences.
Long Term Effects
Beyond prison time a felony conviction for second degree burglary has long term effects. It can impact future employment, housing and overall reputation. Felony convictions stay on a person’s record and can affect their life for years to come. Understanding these effects makes the second degree burglary charge more serious and why you need to have a solid defense.
Defenses to Second Degree Burglary Charges
Consent
One of the main defenses to a second degree burglary charge is proving the accused had consent to be on the property.
If the defendant can show they were lawfully present and had the property owner’s permission to enter this can negate the unlawful entry element of the burglary charge. Evidence such as communication records or witness testimony can support this defense.
No Intent
Another defense is to challenge the prosecution’s claim the defendant intended to commit a crime once inside the property.
The defense can argue there was no intent to commit a felony which is an element of the burglary charge. For example if the accused entered the building with no intention to commit a crime this defense could get the charges reduced or dismissed.
Mistaken Identity
In some cases the defense can argue the accused was not the one who committed the burglary.
Mistaken identity can happen especially if the evidence against the defendant is circumstantial or based on bad witness testimony. Providing an alibi or other evidence that puts the defendant elsewhere at the time of the crime can be helpful in these situations.
Duress or Coercion
The defense can also argue the defendant was forced to commit the burglary under duress or coercion.
If the accused was threatened or felt they had no other choice but to commit the crime this defense can reduce culpability. Evidence of threats or coercion is key to this defense.
Insufficient Evidence
Challenging the prosecution’s evidence is another common defense.
The defense can argue the prosecution has not met their burden of proof. This involves looking at the evidence, questioning witnesses and pointing out inconsistencies or holes in the prosecution’s case.
Lawyer
You need a good criminal defense lawyer to navigate these defenses and protect the rights of a person convicted of second degree burglary. An experienced lawyer can challenge the prosecution, negotiate plea deals and make sure your rights are protected throughout the process.
In South Carolina where second degree burglary charges are serious you need strong legal representation.
Meet with an Experienced Greenville Criminal Defense Lawyer Today!
Understanding the different degrees of burglary may be confusing, but it is important for your criminal defense case. Our attorneys at Baldwin Law are determined to represent you and receive the best justice possible.
Contact us at 864-630-8503 for a free case review today!
