Sumter Burglary Lawyer

Sumter Burglary Attorney

The safety and security of one’s property is a high priority. For many people, extra time, care, and resources are put into place to ensure that someone does not enter their property without consent. Unfortunately, this is not always the case, and wrongfully entering another person’s property could inadvertently find you accused of burglary. Obtaining the help of a Sumter burglary lawyer, however, can drastically help and improve the outcome of your charge.

At the Law Office of Charles T. Brooks III, we understand the gravity of being charged with a crime, particularly burglary. We know that understanding the law and your rights can be a challenge. We treat our clients with the respect and attention they need for their criminal defense cases. Our desire is to strive for the greatest possible outcome for you. We have a successful track record and extensive history of defending those charged with crimes and helping protect your rights.

What Is Burglary?

Burglary is the unlawful entrance into a building or space with the intention of committing a crime once inside the premises, such as stealing. In burglary, there must be both unauthorized entry and the intent to commit a crime once entered. Both things must be proven in a court of law.

Unauthorized entry means the defendant entered the premises without permission. This doesn’t always mean that the defendant broke in, such as by climbing through a window or picking a lock. Unauthorized permission could also be a person entering the building under false pretenses or deception, such as using another person’s employee access card to get into a building in which they are not employed.

There must be proof that the defendant intended to commit a crime while on the premises. This could be using their access to steal from or to assault someone. If there was a lack of intent, then this may not be considered burglary. However, the act of completing the crime is not necessary to constitute burglary. For instance, if a person is caught rummaging through a cash register but never took the money, it can still count as a burglary.

Burglary Penalties

In South Carolina, the penalties a person might encounter depend largely on the type of burglary under which the crime falls. South Carolina has three degrees of burglaries with the following penalties attached:

• First-degree burglary. This is the most serious type of burglary. First-degree burglary generally involves some aggravating factors to count as first-degree. Some of these include being armed with a deadly weapon, causing injury to another person, having prior convictions, or threatening others. This can bring a conviction of 15 years or more in prison.
• Second-degree burglary. This applies when there are no first-degree factors present, but there are others, such as being armed with a weapon, entering the building at night, or having prior burglary convictions. The penalty for this is typically 10-15 years in prison.
• Third-degree burglary. This is the least serious type of burglary, with certain aggravating factors not present, but it still comes with its own penalties. While penalties are lighter, they still include up to five years in prison for a first offense and up to 10 years for a subsequent conviction.

Defending Against Burglary Charges

To be convicted of burglary, the prosecution must show proof that you both unlawfully entered a premises and had the intent to commit some sort of crime while on said premises. Common defenses for this charge include:

• Questioning the proof of illegal entry or criminal intent, especially if the prosecution doesn’t have clear proof of either part.
• Mistaken intent, which can be lowered to a less serious crime, like trespassing.
• Broken rules or violated rights while the police conducted the case and gathered evidence, thus making it inadmissible.

In some situations, a lawyer might be able to show that the offender was on the property legally or did not mean to do anything illegal. Either of these could cause the charges to be dropped or lowered. A lawyer in Sumter may also negotiate with the prosecutors to consider other alternatives to penalties, such as a plea deal or participation in court-ordered programs.

FAQs About Sumter, SC Burglary Laws

How Much Time Can You Get for Burglary in South Carolina?

In South Carolina, burglary sentences vary in severity. First-degree burglary receives a 15-year to life sentence, while second-degree burglary brings a 10-15-year sentence, depending on the level of violence committed. The least serious charge, third-degree burglary, carries a maximum sentence of five years in jail for a first crime and ten years for successive offenses.

Can You Get a Bond for Burglary 1st Degree SC?

While first-degree burglary is a serious offense in South Carolina that frequently results in hefty bail or bond denial, bond eligibility is determined by the court based on considerations such as flight risk and threat to the community. Because of the seriousness of first-degree burglary, judges frequently limit bond, making release more difficult until trial.

What is The Most Serious Burglary Charge?

First-degree burglary is South Carolina’s most serious burglary crime, punishable by 15 to life in prison. This accusation applies when a person unlawfully enters a dwelling with the intent to conduct a crime, and there are aggravating factors, such as carrying a weapon, causing injury, or having past burglary convictions.

Is Burglary 3rd Degree a Felony in SC?

Third-degree burglary is considered a felony in South Carolina. It entails illegally entering a building with criminal intent but without the aggravating circumstances required for first- or second-degree burglary. A first conviction can result in up to five years in jail, while a second conviction can result in up to ten years, demonstrating the state’s serious approach to property offenses.

Sumter Burglary Lawyer

Facing a burglary conviction can alter your life in significant ways. We can protect your rights and challenge the evidence against you. We can be an advocate on your behalf to secure the greatest possible outcome for your situation. If you or a loved one has been charged with burglary, the Law Office of Charles T. Brooks III can help you. Contact us today to get started.