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What We DoIn North Carolina, burglary is defined as a criminal offense that involves a suspect breaking and entering into a building with the intent of committing a crime. Generally, the intended crime when burglarizing is theft (though this is certainly not always the case).
According to North Carolina’s Burglary and Other Housebreakings laws (§ 14-51), there are many aspects of a burglary case, and because this crime is very similar to robbery, larceny, trespassing, and breaking and entering without permission, it is always important to acquire a highly experienced burglary lawyer in Raleigh to defend your rights and keep you out of prison.
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When most people think of burglary, the foremost idea they have is of a masked robber breaking into a home with the goal of stealing valuables. Although this example does constitute burglary, the legal definition of this crime is quite broad and may encompass several elements. In short, there are two degrees of burglary in North Carolina.
As an example, if a teenager sneaks into an occupied home without permission and, while the occupants are sleeping, the teenager steals a watch, then the teenager could be charged with first-degree burglary.
It is important note that there are many smaller circumstances in a burglary case that could dramatically affect the charge and, therefore, the potential punishments. Simply breaking and entering into a person’s home without permission, for example, is a less serious crime. Another example could be that the defendant entered an unlocked warehouse to sleep. Under this circumstance, as sleeping is not a crime, there is no intent to commit a felony and the defendant may only be charged with misdemeanor breaking and entering. Therefore, when a prosecutor is attempting to prove first- or second-degree burglary, the prosecutor must show some of the following elements:
Because there are several elements that the prosecution needs to prove in a burglary case, it is essential to have a prominent and experienced criminal defense lawyer at your side. At the Law Office of Dewey P. Brinkley, we will aggressively challenge the prosecution’s claims and available evidence, and we will conduct our own investigations to make sure that your Constitutional rights haven’t been violated at any stage of the investigation or arrest. To speak with your criminal defense attorney at Dewey Brinkley law, contact our Raleigh law office at (919) 832-0307. Free consultations are available.
Certified Criminal Law Specialist by North Carolina State Bar.
Tried over 250 criminal cases in local courts.
Knows prosecution strategies from time as Assistant District Attorney.
Direct, responsive service from start to finish by Brinkley himself.
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Before founding our Criminal Defense Law Firm in Raleigh, Attorney Dewey P. Brinkley worked for almost three years in the Wake County District Attorney’s office, gaining in-depth experience handling domestic violence, misdemeanors and juvenile court offenses.
As a Raleigh Criminal Defense Lawyer, he handles serious felony charges, including armed robbery and attempted murder, as well as DWI, traffic tickets and violations and misdemeanors. Whatever charge you face, we can help.