Burglary is unlawfully entering a building or dwelling with the intent to commit a crime. It is often conflated with robbery but is a different offense. However, burglary is a felony in any form, and you will face jail time if found guilty. As a skilled theft attorney could tell you, burglary charges carry severe penalties, including heavy fines, long-term jail time, and a permanent criminal record that could impact your future opportunities.
The fear of facing severe penalties can be heavy for you to bear alone. As a former prosecutor and municipal judge, Christopher L. Jones, Attorney at Law, is well-versed in state laws and local court procedures, and he could help you navigate your case. Look no further when you need a Pickens County burglary lawyer to represent you.
Understanding Local Laws
Under local law, burglary is distinct from other offenses as it does not require physically taking anything. Someone can be convicted if the prosecution proves that a person entered a building without consent and intended to commit a crime while inside it. The involved crime can be any criminal charge, such as theft, sexual misconduct, or assault. However, certain offenses may carry more severe punishments upon conviction.
There are three degrees of this crime under South Carolina law:
Third-Degree Burglary
This involves entering a building without consent for criminal purposes. The maximum penalty is up to five years upon a first conviction and ten years for any following conviction.
Second-Degree Burglary
Second-degree burglary can occur in two situations. The first type of second-degree burglary is considered violent and occurs when someone enters a building during nighttime, the person has two or more convictions for burglary, or the person is armed with a weapon or harms someone one during the commission of the burglary. The second type of second-degree burglary is considered non-violent, and it occurs when a person enters a dwelling without consent and with intent to commit a crime therein, without any aggravating factors. The maximum punishment for second degree burglary nonviolent is ten years in prison, and a maximum of 15 years for the violent version.
First-Degree Burglary
Burglary in the first degree is burglary of a dwelling plus aggravating factors. It is punishable by a mandatory minimum sentence of 15 years and a maximum sentence of life without parole.
Due to the law’s intricacies and magnitude of potential consequences, it is vital to consult with a Pickens County attorney who understands the nuances of burglary cases for help.
What Are Common Defenses?
Everyone possesses the legal right to have a defense in court. Your case’s circumstances could have strong counterarguments that could get you a lighter sentence or the case dismissed. Below are some common defenses that a Pickens County lawyer like Christopher L. Jones may use to protect your rights in a burglary case:
Lack of Intent
When your lawyer demonstrates that you had no intention of committing a crime, you may be able to get the charges reduced or dismissed.
Mistaken Identity
There are often no direct witnesses, and the prosecution’s case may rely heavily on circumstantial proof or eyewitness testimony, which can be unreliable.
Having an Alibi
An alibi defense involves proving that you were somewhere else when the crime occurred, making it impossible to commit. This defense requires presenting credible evidence, such as witness testimony, video footage, or other documentation, to substantiate your whereabouts during the alleged crime.
Consent
If you had permission to enter the property, it cannot be considered burglary. This defense hinges on showing that the property owner authorized you to be on the premises.
Insufficient or Illegal Evidence
If the evidence against you is weak, circumstantial, or obtained unlawfully, your lawyer could file motions to suppress such them. Challenging admissibility and credibility can be a powerful defense strategy.
Let a Pickens County Attorney Help You With a Burglary Case Today
An accusation that you broke into a person’s dwelling to commit a crime intentionally can be a life-altering event and cast a long shadow over your personal and professional life. When you are facing felony charges, your future is on the line. You need a Pickens County burglary lawyer who will stand by you.
Attorney Christopher L. Jones is dedicated to protecting your rights and ensuring you receive the fair treatment you deserve. Call today for a free consultation.
