A burglary conviction in South Carolina can carry a long prison sentence, and first-degree burglary can carry a sentence of up to life imprisonment. At Beasley Tomlinson Law, we defend individuals accused of entering a home, business, or other building without permission with the intent to commit a crime inside. Our criminal defense attorneys in Greenville, SC, can examine the alleged entry, whether anyone was permitted to enter, the evidence of criminal intent, and whether prosecutors charged the correct degree of burglary.
South Carolina Burglary Charges Focus on Entry and Intent
South Carolina law doesn’t require prosecutors to show that someone broke a window or forced open a door. Under S.C. Code § 16-11-310, entering a building without consent includes entering without permission from the lawful possessor or using deception, a trick, or misrepresentation to gain entry.
The prosecution must also prove the person entered with the intent to commit an offense inside. That means a burglary case doesn’t automatically require proof that the property was stolen. For example, someone accused of entering a closed business to steal equipment could face a burglary charge even if police say the person left before taking anything.
The Degree of Burglary Depends on the Alleged Entry
South Carolina divides burglary into three degrees, with different penalties and requirements under S.C. Code §§ 16-11-311 through 16-11-313.
Third-Degree Burglary
This offense generally involves entering a building without consent with the intent to commit a crime inside. For example, someone accused of entering a closed storage facility without permission to steal tools could face a third-degree burglary charge. A first offense carries up to five years in prison, while a second offense carries up to 10 years.
Second-Degree Burglary
This crime includes two different situations. Under § 16-11-312(A), entering a dwelling without consent with the intent to commit a crime inside is a felony punishable by up to 10 years. For example, someone accused of entering a house while the residents are away to steal electronics could face second-degree burglary even if no one was home.
Section 16-11-312(B) covers certain entries into a building involving an aggravating factor, such as a deadly weapon, physical injury, a dangerous instrument, a firearm display, qualifying prior burglary convictions, or nighttime entry. That offense carries up to 15 years, with parole eligibility restricted until at least one-third of the sentence has been served.
First-Degree Burglary
This burglary charge involves entering a dwelling without consent with the intent to commit a crime, plus an aggravating factor. Nighttime entry alone, for instance, can satisfy one of those listed factors. A person accused of entering a home at night, intending to steal property, could face first-degree burglary. The offense is punishable by life imprisonment, although the court may impose a term of at least 15 years.
A Home Entry Receives Separate Treatment Under South Carolina Law
South Carolina defines a dwelling as living quarters used or normally used for sleeping, living, or lodging. That distinction affects which burglary statute applies because burglary involving a dwelling is treated differently from entry into another type of building.
For instance, someone with permission to enter a home may face a very different legal issue than someone accused of entering the same home without consent. Our burglary lawyers will examine who had the authority to grant permission, what happened at the time of entry, and what evidence prosecutors have about the alleged intent.
Speak With Our Burglary Attorneys in Greenville, SC
A burglary charge can carry severe consequences, particularly when prosecutors allege entry into a home, nighttime entry, the use of a weapon, or another aggravating factor. If you face a burglary charge, call Beasley Tomlinson at 864-775-5787 or contact us online for a confidential case assessment with our burglary lawyers.
